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Home My WebLink About1978-07-03 (Regular) Meeting Agenda• CITY COUNCIL MEETING REGULAH -July 3 , 1978 •' • • .. • 0 • • - • REGULAR MEETING: • • - COUNCIL CHAMBERS CITY OF ENGLEWO OD, COLORADO July 3, 1978 /~J.J The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on July 3, 1978, at 7:30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Reverend Fred Hahn, Immanuel Lutheran Church, 3695 South Acoma Street. The Pledge of Allegiance was led by Mayor Taylor. Mayor Taylor asked for roll call . Upon a call of the roll , the following were present: Council Members Williams, Weber, Harper, Clayton, Mann, Taylor. Absent: Council Member Smith . The Mayor declared a quorum present . * * * * * * Also present were: City Manager McCown Assistant City Manager Curnes City Attorney Berardini Fire Chief Beeson Deputy City Clerk Watkins * * * * * * COUNCILMAN MANN MOVED TO ACCEPT THE MINUTES OF THE REGULAR COUNCIL MEETING OF JUNE 19, 1978. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent : Council Members Clayton, Mann, Williams, Weber, Harper, Taylor . None. Council Member Smith. The Mayor declared the motion carried, * * * * * * • ) I • • July 3, 1978 Page 2 • • .. Pre-scheduled visitor Walt Imhoff, of Hanifen, Imhoff, and Samford, was present and discussed the bids that were re- ceived for the General Obligation Refunding Water Bonds. Mr. Imhoff stated seven bids were received and the low bidder was the Northern Trust Company of Chicago, Illinois offering a premium of $176,000 and an average interest rate of 5.77%. Mr. Imh of f entered into the record a list of the names of the firms that submitted a bid then recommended that Council award the bid to Northern Trust Company. Mr. Imhoff stated the low bid result will guarantee the City a savings of $754,000 in future principal and interest payments on outstanding water bonds. COUNCILMAN CLAYTON OF ORDER AND MOVE IT FORWARD Harper seconded the motion. resulted as follows: MOVED TO TAKE AGENDA ITEM 6 (A) OUT FOR COUNCIL ACTION. Councilman Upon a call of the roll, the vote Ayes: Nays : Absent: Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. None. Council Member Smith. The Mayor declared the motion carried . COUNCILMAN WILLIAMS MOVED TO ACCEPT THE BID FROM THE NORTHERN TRUST COMPANY OF CHICAGO, ILLINOIS FOR THE GENERAL OBLI- GATION REFUNDING WATER BONDS. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. None. Council Member Smith. The Mayor declared the motion carried. INTRODUCED AS A BILL BY COUNCILMAN WEBER A BILL FOR AN ORDINANCE AUTHORIZING THE SALE AND ISSUANCE OF GENERAL OBLIGA- TION REFUNDING WATER BONDS, SERIES 1978, IN THE PRINCIPAL AMOUNT OF $8,455,000 OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE PURPOSE OF REFUNDING GENERAL OBLIGATION REFUNDING WATER BONDS, SERIES 1975, AND GENERAL OBLIGATION WATER IMPROVEMENT BONDS, DATED FEBRUARY l, 1978, OF THE CITY OUTSTANDING IN THE AGGREGATE AMOUNT • I • ( • July 3, 1978 Page 3 • • .. OF $9,310,000; PROVIDING FOR THE ESTABLISHMENT OF AN ESCROW ACCOUNT FOR THE PAYMENT AND REDEMPTION OF THE OUTSTANDING BONDS TO BE REFUNDED; PROVIDING FOR THE LEVY OF TAXES TO PAY SAID REFUNDING BONDS AND THE INTEREST THEREON; AND PRESCRIBING OTHER DETAILS IN CONNECTION THEREWITH. COUNCILMAN WEBER MOVED TO PASS THE BILL FOR AN ORDINANCE ON FIRST READING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. Nays: None. Absent: Council Member Smith. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor Gary Copp, President of the Casual Lounge, 65 West Floyd, was present and discussed the plans for expanding his premises to open up a dining room. Mr. Copp stated the expansion has already been completed because he did not realize that he needed Council's approval prior to remodeling. However, Mr. Copp stated he has stopped serving food and liquor in the din-ing room pending Council's decision. COUNCILMAN WEBER MOVED TO GRANT THE PREMISES UNDER THE EXISTING LIQUOR LICENSE TO 65 WEST FLOYD AVENUE AS PER THE APPLICATION. seconded the motion. Upon a call of the roll, as follows: EXPANSION OF THE THE CASUAL LOUNGE, Councilman Mann the vote resulted Ayes: Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. Nays : None. Absent: Council Member Smith. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor Michael Dunahay, 4955 South Broadway was not present. * * * * * * • I • • July 3, 1978 Page 4 • • .. Mayor Taylor asked if there were any other visitors wishing to be heard at this time. Ken Holland, 4140 South Inca, appeared before Council and discussed the fire department re-organization proposal. He stated he opposed the reduction of the manning on the fire trucks and submitted a petition containing 191 names of those people who oppose the reduction too. Mr. Holland stated the reduction of man power was the only part he opposed; otherwise, the plan was fine. * * * * * * Myrtle Jones, 5020 South Washington, appeared before Council and inquired about the status of her previous request of getting a park for southeast Englewood. City Manager McCown stated there have been discussions with the school district regarding the Duncan School area; how- ever, there are still other groups through which the request must go before anything can be started. Mrs. Jones stated she hopes the City can buy this area because her neighborhood needs a park badly. Mrs. Jones also stated she felt the City hired a qualified fire chief and urged the Council to li $ten to his fire department re-organization proposal. * * * * * * Maurice Merlin, 3688 South Sherman, appeared before Council and discussed several items. Mr. Merlin urged Council to spend money on installing traffic lights at two certain inter- sections and strobe lights for the police cars before spending money on fire department re-organization. Mr. Merlin stated he preferred the re-organization take place over a period of years rather than have the department undergo a radical change imme-diately. Mr. Merlin queried the agenda item whereby Council would adopt a resolution amending the General Fund Budget and i f Council could take such action without first holding a public hearing. Mr. Merlin discussed his dissatisfaction with the Com- munity Development Department especially the Code Enforcement Division and requested Council to investigate the Department to determine whether or not it is providing all the services with which i t has been charged. Mr. Merlin referred to the inspector s and the i r lack of enforcing property owners to cut their weeds • • I • • July 3, 1978 Page 5 • • .. Council discussed the availability of e nough building inspectors to perform the duties assigned to them. Councilman Clayton suggested that more inspectors be hired. Councilman Mann stated he felt there were enough inspectors on the staff and the department needs to better utilize those peopl e . COUNCILMAN CLAYTON MOVED TO REQUEST THE CITY MANAGER TO ATTEMPT TO ASSIGN MORE PERSONNEL TO THE ENVIRONMENTAL ASPECTS OF THE CITY FOR THE PERIOD FROM JULY 3, 1978 THROUGH THE PERIOD OF AUGUST 30, 1978 IF THE PERSONNEL CAN AT ALL BE MADE AVAILABLE FOR THIS JOB. Councilman Mann seconded the motion. Councilman Harper stated since the problem has been called to the attention of the City Manager and the Council, he felt the solution should come from the City Manager and not the Council . Mayor Taylor stated the City should use what inspectors are presently on the payroll to strictly enforce the code. Mayor Taylor stated he could not vote in favor of Councilman Clayton's motion because he felt the City Manage r was capable of handling the situation and that this issue was not Council's responsibility. ) Councilman Clay ton withdrew his motion and Councilman Mann withdrew the second to the motion. * * * * * * LeeR. Jones, 274 0 South Cherokee, appeared be f ore Council and discussed status of the Ad Hoc Committee . Mr. Jones stated the hierarchy of the Committee and entered into the record a copy of the agenda of their last meeting . Mr. Jones stated the Com- mittee is requesting the City's assistance in drafting the ordin- ance outlining the boundaries of the district, the mill levy and the date for election creating the Downtown Development Authority. Mr. Jones stated the Ad Hoc Committee wo uld like the bill for this ordinance to be presented at th e n e xt r e gular Council meet- ing on July 17, 1978. Mr. Jones stated the suggested boundaries of the district are primarily B-1 z oned as he referred to a pre- pared map and added that the Committee would like the date of the election to be September 19, 1978. Mr. Jones also pointed out optional areas that could be added to the Authority at a later date. City Attorney Berardini stated the date of September 19, 1978 can be established to meet all the requirements of law. City Attorney Berardini stated the ordinance can be prepared for the next regular Council meeting now that the boundaries and date for election have been determined. • I • • - • July 3, 1978 Page 6 • • - In answer to Mr. Jones's question, City Attorney Berardini stated the City Charter charges the Election Commission with the responsibility of conducting the election. COUNCILMAN MANN MOVED TO DIRECT THE CITY ATTORNEY TO PRE- PARE AN ORDINANCE DECLARING A CENTRAL DOWNTOWN AUTHORITY, SETTING UP TO BUT NOT EXCEEDING A FIVE MILL LEVY AND SETTING THE ELECTION FOR SEPTEMBER 19, 1978, ALSO APPROVING THE BOUNDARIES FOR THE DIS- TRICT AS THE AD HOC COMMITTEE HAS PRESENTED SPECIFICALLY AND TO HAVE THE BILL AVAILABLE FOR THE CITY COUNCIL MEETING ON JULY 17, 1978. Councilman Williams seconded the motion, At the request of Councilman Clayton, Mr. Jones pointed out the proposed boundaries street by street. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Mann, Williams, Weber, Harper , Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * Mayor Taylor asked if there were any other visitors wishing to be heard at this time. No one responded. * * * * * * Mayor Taylor declared a recess at 8:55 p.m. The Council reconvened at 9 :10p.m. Mayor Taylor asked for roll call. Upon a call of the roll the following were present. Council Members Williams, Weber, Harper, Clayton, Mann Taylor. Absent: Council Member Smith. The Mayor declared a quorum present. * * * * * * "Cormnu n ications -No Action Recommended" on the agenda were received: (a) Minutes of the Denver Regional Council ot Governments meeting of April 19, 1978 • • I • • ( • July 3, 1978 Page 7 (b) (c) (d) • • .. - Minutes of the Englewood Housing Authority meeting of April 25, 1978. Minutes of the Board of Adjustment and Appeals meeting of May 10. and June 1, 1978. Minutes of the Planning and Zoning Commission meeting of May 16. May 23, May 30, and June 6, 1978. * * * * * * Administrative Assistant Hugh Brown presented the minutes of the Water and Sewer Board meeting of June 27, 1978 with a recom- mendation concerning Supplement 60 Southgate Sanitation District. Administrative Assistant Brown stated the area contains 21.64 acres near Greenwood Plaza and I-25 and the development will be an office- warehouse facility. The facility will house 30 structures requiring 30 sewer taps. Administrative Assistant Brown stated a telephone poll was taken of the Water and Sewer Board and the results recom-mended approval of this supplement. COUNCILMAN MANN MOVED TO APPROVE SUPPLEMENT 60 SOUTHGATE SANITATION DISTRICT. Councilman Harper seconded the motion. In response to Councilman Mann's question, City Manager McCown stated the revenue from the sewer taps goes into a con- struction fund within the Bi-City Plant and is set up to pay for the second phase of the expansion of the plant. City Manager McCown explained how Littleton pays their share for the operation of the plant and assured Councilman Mann that the agreement was equitable and fair. Councilman Mann requested that the Bi-City fund be studied in detail at the next budget retreat as far as how the fund is set up and how much work is done by Englewood so Council can have a better understanding of the operation. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent: Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * • I • • July 3, 1978 Page 8 • • • City Manager McCown presented Item IV, McLellan Reservoir of the Water and Sewer Board minutes of June 27, 1978 and recom- mended Council's concurrence with the Board's actions on the use of the reservoir. COUNCILMAN MANN MOVED TO APPROVE THE RECOMMENDATION FROM THE WATER AND SEWER BOARD AS IT PERTAINS TO THE MCLELLAN RESERVOIR. Councilman Williams seconded the motion. Councilman Clayton requested background informat1on sustaining the motion. Councilman Mann stated three or four years ago the Parks and Recreation Board and the Water Board allowed fishing and other water related activities at the reservoir. Councilman Mann stated since Englewood will be partaking of the water from the reservoir in the next three years, the Water Board has decided to halt any activity at the reservoir and to post no trespassing signs. Councilman Harper added that some serious problems have developed at the reservoir and the Board feels to close the area is the only solution. Mayor Taylor added the Board is trying to prevent the occurrence of some tragic accident. City Manager McCown stated he has been informed the Littleton Police Department will patrol the area once the signs are posted. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * Administrative Assistant Brown presented a memorandum from the Director of Community Development to the City Manager concerning an encroachment request at 3661-63-65 South Broadway, property owned by Mr. JohnS. Swartz. Administrative Assistant Brown stated Mr. Swartz requests permission to install an awning which will extend three feet eight inches beyond his property line across the front of his building with a seven foot clearance • I • • ( ( • July 3, 1978 Page 9 • • • from the bottom edge of the awning to the sidewalk. Administrative Assistant Brown further stated that Mr. Swartz understands and has agreed that the encroachment would apply only to his business and that if the City would need to use the right-of-way for any reason, he would be asked to remove the awning. Administrative Assistant Brown stated that pertinent departments within the City were contacted regarding this request with no department objecting. COUNCILMAN WEBER MOVED TO GRANT THE ENCROACHMENT REQUEST FOR THE ADDRESSES OF 3661-63-65 SOUTH BROADWAY TO MR. JOHN S. SWARTZ, HIMSELF. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes: Nays: Absent : Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * City Attorney Berardini transmitted a report concern- ing 1977-78 Litigation. City Attorney Berardini stated the report covers 33 cases and discussed the status of some of the cases. City Attorney Berardini discussed a case, Harold Corah and Nellie Corah vs. the City's Board of Adjustments and Appeals and Milton A. and Robert Senti, involving a non-conforming use and which was recently served on the City. City Attorney Berardini requested Council's authority to defend the action on behalf of the City and the Board of Adjustments and Appeals. COUNCILMAN WILLIAMS MOVED TO AUTHORIZE THE CITY ATTORNEY TO APPEAR AND APPEAL THE CASE OF CORAH'S VS. THE SENTI'S AND THE BOARD OF ADJUSTMENTS AND APPEALS. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. Nays : None. Absent : Council Members Smith. The Mayor declared the motion carried. * * * * * * • ) I • • ] • July 3, 1978 Page 10 • • .. RESOLUTION NO. 47, SERIES OF 1978 A RESOLUTION AMENDING THE 1978 GENERAL FUND BUDGET. City Manager McCown stated this resolution appropriates $2,700 for the cost of a feasibility study of remodeling the City Council Chambers and/or Court facilities. COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 47, SERIES OF 1978. Councilman Weber seconded the motion. In response to a question discussed by a visitor appear- ing earlier in the meeting, Mayor Taylor stated any resolution or anything pertaining to the budget under 5% does not have to go before a public hearing. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a letter from ISO con- cerning the fire department organization plan and transmitted copies to the Council. The letter states there would be no change in the City's public protection classification if the proposed changes submitted by Chief Beeson were implemented. COUNCILMAN WEBER MOVED THAT COUNCIL RECOGNIZE THE CON- CEPT OF FIRE DEPARTMENT RE-ORGANIZATION PLAN AS SUBMITTED BY FIRE CHIEF BEESON. Councilman Clayton seconded the motion. At the request of Councilman Clayton, the Clerk read the letter in full from the Insurance Services Offices of Colorado as written by Mr. D. G. Mees, Supervisor of Pricing Services, dated June 30, 1978 addressed to Mr. Andy McCown, City Manager. Councilman Mann stated he is willing to accept the administrative part of Chief Beeson's proposal but he was against taking any man off a fire truck. Councilman Williams stated he agreed with Councilman Mann on this matter. Councilman Williams stated because he dis- • I • • ( • July 3, 1978 Page ll • • • agreed with the reduction o f manpower on a fire truck, h e would have to vote no on the whole issue. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Ab sent: Coun c il Members Clayton, Weber, Har p er, Taylor . Council Members Mann, Williams. Council Member Smith. The Mayor declared the motion carried. * * * * * * City Manager McCown announced the first pick-up of the Eco-Cycle program will be July 8, 1978 and the organization has invited the Council to attend the ceremonies on that day at the plant when the truck returns. * * * * * * Mayor Taylor stated a report will be forthcoming on the activities that took place at the Colorado Municipal League Con- terence, June 21 -23, 1978 in Colorado Springs. * * * * * * Councilman Mann announced the next event celebrating the Diamond Jubilee will be a rodeo at the Arapahoe County Fair-grounds, July 16th. * * * * * * Councilman Mann announced the Council softball team will play the last place softball team in the Women's League. The game will be Sunday, August 6, 1978 at Belleview Park at 7 :00 p.m. The tickets are $1.00. Councilman Mann stated the City Attorney will be the umpire behind the plate. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE REGULAR COUNCIL MEETING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Clayton, Mann, Williams, Weber, Harper, Taylor • • ) I • • July 3, 1978 Page 12 Nays : Absent: • • • None. Council Member Smith. The Mayor declared the motion carried and adjourned the meeting at 9:45 p.m. • I . ( ( ( • REGULAR MEETING: • • .. .. COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO July 3, 1978 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on July 3, 1978, at 7:30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Reverend Fred Hahn, Immanuel Lutheran Church, 3695 South Acoma Street. The Pledge of Allegiance was led by Mayor Taylor. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Weber, Harper, Clayton, Mann, Taylor. Absent: Council Member Smith. The Mayor declared a quorum present. * * * * * * Also present were: City Manager McCown Assistant City Manager Curnes City Attorney Berardini Fire Chief Beeson Deputy City Clerk Watkins * * * * * * COUNCILMAN MANN MOVED TO ACCEPT THE MINUTES OF THE REGULAR COUNCIL MEETING OF JUNE 19, 1978. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent: Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * • I • • • July 3 , 1978 Page 2 • • • Pre-scheduled visitor Walt Imhoff, of Hanifen, Imhoff, and Samford, was present and discussed the bids that were re- ceived for the General Obligation Refunding Water Bonds. Mr. Imhoff stated seven bids were received and the low bidder was the Northern Trust Company of Chicago, Illinois offering a premium of $176,000 and an average interest rate of 5.77%. Mr. Imhoff entered into the record a list of the names of the firms that submitted a bid then recommended that Council award the bid to Northern Trust Company. Mr. Imhoff stated the low bid result will guarantee the City a savings of $754 ,000 in future principal and interest payments on outstand i ng water bonds. COUNCILMAN CLAYTON MOVED TO TAKE AGENDA ITEM 6 (A) OUT OF ORDER AND MOVE IT FORWARD FOR COUNCIL ACTION. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as f ollows : Ayes : Nays : Absent : Council Members Clayton, Mann , Williams, Weber, Harper, Taylor. None. Council Member Smith. The Mayor declared the motion carried. COUNCILMAN WILLIAMS MOVED TO ACCEPT THE BID FROM THE NORTHERN TRUST COMPANY OF CHICAGO, ILLINOIS FOR THE GENERAL OBLI- GATION REFUNDING WATER BONDS. Councilman Weber seconded the motion. Upon a call of the roll , the vote resulted as follows: Ayes : Na ys: Absent : Counci l Members Clayton, Mann, Williams, Weber , Harper, Tay l or. Non e . Co uncil Member Smith . The Mayor declared the motion car r ied. INTRODUCED AS A BILL BY COUNC ILMAN WE BER A BILL FOR AN ORDINANCE AUTHORIZING THE SALE AND ISSU ANC E OF GENERA L OB LIGA- TIO N REFU ND I NG WATE R BOND S, SERIE S 1978 , I N THE PRINCIPA L AMOUNT OF $8 ,455,000 OF THE CIT Y OF ENGLE WOOD , COLORADO, FOR THE PURPOS E OF REFUNDING GENERAL OBLIG ATI ON REFU ND I NG WATE R BOND S, SERIES 1975, AND GENE RA L OBLIGATI ON WATER I MPRO VEME NT BONDS , DAT ED FEBRUARY 1, 197 8 , OF THE CITY OUTSTANDI NG IN THE AGGRE GATE AMOUN T • I • • ( ( ( • July 3, 1978 Page 3 • • • 0 OF $9,310,000; PROVIDING FOR THE ESTABLISHMENT OF AN ESCROW ACCOUNT FOR THE PAYMENT AND REDEMPTION OF THE OUTSTANDING BONDS TO BE REFUNDED; PROVIDING FOR THE LEVY OF TAXES TO PAY SAID REFUNDING BONDS AND THE INTEREST THEREON; AND PRESCRIBING OTHER DETAILS IN CONNECTION THEREWITH. COUNCILMAN WEBER MOVED TO PASS THE BILL FOR AN ORDINANCE ON FIRST READING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. Nays: None. Absent : Council Member Smith. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor Gary Copp, President of the Casual Lounge, 65 West Floyd, was present and discussed the plans for expanding his premises to open up a dining room. Mr. Copp stated the expansion has already been completed because he did not realize that he needed Council's approval prior to remodeling. However, Mr. Copp stated he has stopped serving food and liquor in the din-ing room pending Council's decision. COUNCILMAN WEBER MOVED TO GRANT THE PREMISES UNDER THE EXISTING LIQUOR LICENSE TO 65 WEST FLOYD AVENUE AS PER THE APPLICATION. seconded the motion. Upon a call of the roll, as follows: EXPANSION OF THE THE CASUAL LOUNGE, Councilman Mann the vote resulted Ayes: Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. Nays : None. Absent : Council Member Smith. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor Michael Dunahay , 4955 South Broadway was not present. * * * * * * • I • n • July 3, 1978 Page 4 • .. Mayor Taylor asked if there were any other visitors wishing to be heard at this time. Ken Holland, 4140 South Inca, appeared before Council and discussed the fire department re-organization proposal. He stated he opposed the reduction of the manning on the fire trucks and submitted a petition containing 191 names of those people who oppose the reduction too. Mr. Holland stated the reduction of man power was the only part he opposed; otherwise, the plan was fine. * * * * * * Myrtle Jones, 5020 South Washington, appeared before Council and inquired about the status of her previous request of getting a park for southeast Englewood. City Manager McCown stated there have been discussions with the school district regarding the Duncan School area; how- ever, there are still other groups through which the request must go before anything can be started. Mrs. Jones stated she hopes the City can buy this area because her neighborhood needs a park badly. Mrs. Jones also stated she felt the City hired a qualified fire chief and urged the Council to li nten to his fire department re-organization proposal. * * * * * * Maurice Merlin, 3688 South Sherman, appeared before Council and discussed several items. Mr. Merlin urged Council to spend money on installing traffic lights at two certain inter- sections and strobe lights for the police cars before spending money on fire department re-organization. Mr. Merlin stated he preferred the re-organization take place over a period of years rather than have the department undergo a radical change imme-diately . Mr. Merlin queried the agenda item whereby Council would adopt a resolution amending the General Fund Budget and if Council could take such action without first holding a public hearing . Mr. Merlin discussed his dissatisfaction with the Com- munity Development Department especially the Code Enforcement Division and requested Council to investigate the Department to determine whether or not it is providing all the services with which it has been charged. Mr. Merlin referred to the inspectors and their lack of enforcing property owners to cut t heir weeds • • I • ( ( • July 3, 1978 Page 5 • • .. Council discussed the availability of enough building inspectors to perform the duties assigned to them. Councilman Clayton suggested that more inspectors be hired. Councilman Mann stated he felt there were enough inspectors on the staff and the department needs to better utilize those people. COUNCILMAN CLAYTON MOVED TO REQUEST THE CITY MANAGER TO ATTEMPT TO ASSIGN MORE PERSONNEL TO THE ENVIRONMENTAL ASPECTS OF THE CITY FOR THE PERIOD FROM JULY 3, 1978 THROUGH THE PERIOD OF AUGUST 30, 1978 IF THE PERSONNEL CAN AT ALL BE MADE AVAILABLE FOR THIS JOB. Councilman Mann seconded the motion. Councilman Harper stated since the problem has been called to the attention of the City Manager and the Council, he felt the solution should come from the City Manager and not the Council. Mayor Taylor stated the City should use what inspectors are presently on the payroll to strictly enforce the code. Mayor Taylor stated he could not vote in favor of Councilman Clayton's motion because he felt the City Manager was capable of handling the situation and that this issue was not Council's responsibility. ) Councilman Clayton withdrew his motion and Councilman Mann withdrew the second to the motion . * * * * * * LeeR. Jones, 2740 South Cherokee, appeared before Council and discussed status of the Ad Hoc Committee. Mr. Jones stated the hierarchy of the Committee and entered into the record a copy of the agenda of their last meeting. Mr. Jones stated the Com- mittee is requesting the City's assistance in drafting the ordin- ance outlining the boundaries of the district, the mill levy and the date for election creating the Downtown Development Authority. Mr. Jones stated the Ad Hoc Committee would like the bill for this ordinance to be presented at the next regular Council meet- ing on July 17, 1978. Mr. Jones stated the suggested boundaries of the district are primarily B-1 zoned as he referred to a pre- pared map and added that the Committee would like the date of the election to be September 19, 1978. Mr. Jones also pointed out optional areas that could be added to the Authority at a later date. City Attorney Berardini stated the date of September 19, 1978 can be established to meet all the requirements of law. City Attorney Berardini stated the ordinance can be prepared for the next regular Council meeting now that the boundaries and date for election have been determined. • I • • - • J u ly 3 , 1978 Page 6 • • • In answer to Mr. Jones's question, City Attorney Berardini stated the City Charter charges the Election Commission with the responsibility of conducting the election. COUNCILMAN MANN MOVED TO DIRECT THE CITY ATTORNEY TO PRE- PARE AN ORDINANCE DECLARING A CENTRAL DOWNTOWN AUTHORITY, SETTING UP TO BUT NOT EXCEEDING A FIVE MILL LEVY AND SETTING THE ELECTION FOR SEPTEMBER 19, 1978, ALSO APPROVING THE BOUNDARIES FOR THE DIS- TRICT AS THE AD HOC COMMITTEE HAS PRESENTED SPECIFICALLY AND TO HAVE THE BILL AVAILABLE FOR THE CITY COUNCIL MEETING ON JULY 17, 1978. Councilman Williams seconded the motion. At the request of Councilman Clayton, Mr. Jones pointed out the proposed boundaries street by street, Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent : Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. None. Council Member Smith. The Mayor declared the motion carried, * * * * * * Mayor Taylor asked if there wer e any o t her visi tors wishing to be heard at this time. No one responded, * * * * * * Ma yor Taylor de c lared a rec ess at 8 :55 p.m. Th e Co un cil reconven ed at 9:10p .m. May or Taylor a sk ed for roll call. Up on a call of t h e roll the f o llowing were present. Council Members Williams, Weber, Harper, Clayton, Mann Taylor. Absent: Council Member Smith . The Mayor declared a quorum present . * * * * * * "Communications -No Action Recommended" on the agenda were received: (a) Minutes of the Denver Regional Council of Governments meeting of April 19, 1978 • • I • ( • July 3, 1978 Page 7 (b) (c) (d) • • .. - Minutes of the Englewood Housing Authority meeting of April 25, 1978. Minutes of the Board of Adjustment and Appeals meeting of May 10, and June 1, 1978. Minutes of the Planning and Zoning Commission meeting of May 16, May 23, May 30, and June 6, 1978. * * * * * * Administrative Assistant Hugh Brown presented the minutes of the Water and Sewer Board meeting of June 27, 1978 with a recom- mendation concerning Supplement 60 Southgate Sanitation District. Administrative Assistant Brown stated the area contains 21.64 acres near Greenwood Plaza and I-25 and the development will be an office- warehouse facility . The facility will house 30 structures requiring 30 sewer taps. Administrative Assistant Brown stated a telephone poll was taken of the Water and Sewer Board and the results recom-mended approval of this supplement. COUNCILMAN MANN MOVED TO APPROVE SUPPLEMENT 60 SOUTHGATE SANITATION DISTRICT. Councilman Harper seconded the motion. In response to Councilman Mann's question, City Manager McCown stated the revenue from the sewer taps goes into a con- struction fund within the Bi-City Plant and is set up to pay for the second phase of the expansion of the plant. City Manager McCown explained how Littleton pays their share for the operation of the plant and assured Councilman Mann that the agreement was equitable and fair. Councilman Mann requested that the Bi-City fund be studied in detail at the next budget retreat as far as how the fund is set up and how much work is done by Englewood so Council can have a better understanding of the operation. Upon a call of the roll, the vote resulted as follows : Ayes : Nays: Absent : Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * • ) I • • July 3, 1978 Page 8 • • .. City Manager McCown presented Item IV, McLellan Reservoir of the Water and Sewer Board minutes of June 27, 1978 and recom- mended Council's concurrence with the Board's actions on the use of the reservoir. COUNCILMAN MANN MOVED TO APPROVE THE RECOMMENDATION FROM THE WATER AND SEWER BOARD AS IT PERTAINS TO THE MCLELLAN RESERVOIR. Councilman Williams seconded the motion. Councilman Clayton requested background informat~on sustaining the motion. Councilman Mann stated three or four years ago the Parks and Recreation Board and the Water Board allowed fishing and other water related activities at the reservoir. Councilman Mann stated since Englewood will be partaking of the water from the reservoir in the next three years, the Water Board has decided to halt any activity at the reservoir and to post no trespassing signs. Councilman Harper added that some serious problems have developed at the reservoir and the Board feels to close the area is the only solution. Mayor Taylor added the Board is trying to prevent the occurrence of some tragic accident. City Manager McCown stated he has been informed the Littleton Police Department will patrol the area once the signs are posted. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent : Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * Administrative Assistant Brown presented a memorandum from the Director of Community Development to the City Manager concerning an encroachment request at 3661-63-65 South Broadway, property owned by Mr. John S. Swartz. Administrative Assistant Brown stated Mr. Swartz requests permission to install an awning which will extend three feet eight inches beyond his property line across the front of his building with a seven foot clearance • I • July 3, 1978 Page 9 • • - from the bottom edge of the awning to the sidewalk. Administrative Assistant Brown further stated that Mr. Swartz understands and has agreed that the encroachment would apply only to his business and that if the City would need to use the right-of-way for any reason, he would be asked to remove the awning. Administrative Assistant Brown stated that pertinent departments within the City were contacted regarding this request with no department objecting. COUNCILMAN WEBER MOVED TO GRANT THE ENCROACHMENT REQUEST FOR THE ADDRESSES OF 3661-63-65 SOUTH BROADWAY TO MR. JOHNS. SWARTZ, HIMSELF. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes : Nays: Absent: Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * City Attorney Berardini transmitted a report concern- ing 1977-78 Litigation. City Attorney Berardini stated the report covers 33 cases and discussed the status of some of the cases. City Attorney Berardini discussed a case, Harold Corah and Nellie Corah vs. the City's Board of Adjustments and Appeals and Milton A. and Robert Senti, involving a non-conforming use and which was recently served on the City. City Attorney Berardini requested Council's authority to defend the action on behalf of the City and the Board of Adjustments and Appeals. COUNCILMAN WILLIAMS MOVED TO AUTHORIZE THE CITY ATTORNEY TO APPEAR AND APPEAL THE CASE OF CORAH'S VS. THE SENTI'S AND THE BOARD OF ADJUSTMENTS AND APPEALS. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. None. Council Members Smith. The Mayor declared the motion carried. * * * * * * • ) I • July 3, 1978 Page 10 • • .. RESOLUTION NO. 47, SERIES OF 1978 A RESOLUTION AMENDING THE 1978 GENERAL FUND BUDGET. City Manager McCown stated this resolution appropriates $2,700 for the cost of a feasibility study of remodeling the City Council Chambers and/or Court facilities. COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 47, SERIES OF 1978. Councilman Weber seconded the motion. In response to a question discussed by a visitor appear- ing earlier in the meeting, Mayor Taylor stated any resolution or anything pertaining to the budget under 5% does not have to go before a public hearing. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent: Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a letter from ISO con- cerning the fire department organization plan and transmitted copies to the Council. The letter states there would be no change in the City's public protection classification if the proposed changes submitted by Chief Beeson were implemented. COUNCILMAN WEBER MOVED THAT COUNCIL RECOGNIZE THE CON- CEPT OF FIRE DEPARTMENT RE-ORGANIZATION PLAN AS SUBMITTED BY FIRE CHIEF BEESON. Councilman Clayton seconded the motion. At the request of Councilman Clayton, the Clerk read the letter in full from the Insurance Services Offices of Colorado as written by Mr. D. G. Mees, Supervisor of Pricing Services, dated June 30, 1978 addressed to Mr. Andy McCown, City Manager. Councilman Mann stated he is willing to accept the administrative part of Chief Beeson's proposal but he was against taking any man off a fire truck. Councilman Williams stated he agreed with Councilman Mann on this matter. Councilman Williams stated because he dis- • I • • ( • July 3, 1978 Page 11 • • .. agreed with the reduction of manpower on a fire truck, he would have to vote no on the whole issue. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Weber, Harper, Taylor. Council Members Mann, Williams. Council Member Smith. The Mayor declared the motion carried. * * * * * * City Manager McCown announced the first pick-up of the Eco-Cycle program will be July 8, 1978 and the organization has invited the Council to attend the ceremonies on that day at the plant when the truck returns. * * * * * * Mayor Taylor stated a report will be forthcoming on the activities that took place at the Colorado Municipal League Con- terence, June 21 -23, 1978 in Colorado Springs. * * * * * * Councilman Mann announced the next event celebrating the Diamond Jubilee will be a rodeo at the Arapahoe County Fair-grounds, July 16th. * * * * * * Councilman Mann announced the Council softball team will play the last place softball team in the Women's League. The game will be Sunday, August 6, 1978 at Belleview Park at 7 :00 p.m. The tickets are ~1.00. Councilman Mann stated the City Attorney will be the umpire behind the plate. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE REGULAR COUNCIL MEETING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. • I • • • July 3 , 1978 Page 12 Nays : Absent: • • • None. Council Member Smith. The Mayor declared the motion carried and adjourned the meeting at 9:45 p.m. • I . • REGULAR MEETING: • • - COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO July 3, 1978 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on July 3, 1978, at 7:30 p.m. Mayor Taylor, presiding, called the meeting to order. ' The invocation was given by Reverend Fred Hahn, Inunanuel Lutheran Church, 3695 South Acoma Street. The Pledge of Allegiance was led by Mayor Taylor. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Weber, Harper, Clayton, Mann, Taylor. Absent: Council Member Smith. The Mayor declared a quorum present. * * * * * * Also present were: City Manager McCown Assistant City Manager Curnes City Attorney Berardini Fire Chief Beeson Deputy City Clerk Watkins * * * * * * COUNCILMAN MANN MOVED TO ACCEPT THE MINUTES OF THE REGULAR COUNCIL MEETING OF JUNE 19, 1978. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * • I • • July 3, 1978 Page 2 • • .. Pre-scheduled visitor Walt Imhoff, of Hanifen, Imhoff, and Samford, was present and discussed the bids that were re- ceived for the General Obligation Refunding Water Bonds. Mr. Imhoff stated seven bids were received and the low bidder was the Northern Trust Company of Chicago, Illinois offering a premium of $176,000 and an average interest rate of 5.77%. Mr. Imhoff entered into the record a list of the names of the firms that submitted a bid then recommended that Council award the bid to Northern Trust Company. Mr. Imhoff stated the low bid result will guarantee the City a savings of $754,000 in future principal and interest payments on outstanding water bonds. COUNCILMAN CLAYTON MOVED TO TAKE AGENDA ITEM 6 (A) OUT OF ORDER AND MOVE IT FORWARD FOR COUNCIL ACTION. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent: Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. None. Council Member Smith. The Mayor declared the motion carried. COUNCILMAN WILLIAMS MOVED TO ACCEPT THE BID FROM THE NORTHERN TRUST COMPANY OF CHICAGO, ILLINOIS FOR THE GENERAL OBLI- GATION REFUNDING WATER BONDS. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. None. Council Member Smith. The Mayor declared the motion carried. INTRODUCED AS A BILL BY COUNCILMAN WEBER A BILL FOR AN ORDINANCE AUTHORIZING THE SALE AND ISSUANCE OF GENERAL OBLIGA- TION REFUNDING WATER BONDS, SERIES 1978, IN THE PRINCIPAL AMOUNT OF $8,455,000 OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE PURPOSE OF REFUNDING GENERAL OBLIGATION REFUNDING WATER BONDS, SERIES 1975, AND GENERAL OBLIGATION WATER IMPROVEMENT BONDS, DATED FEBRUARY 1, 1978, OF THE CITY OUTSTANDING IN THE AGGREGATE AMOUNT • I • ( ( • July 3, 1978 Page 3 ,. • • • OF $9,310,000; PROVIDING FOR THE ESTABLISHMENT OF AN ESCROW ACCOUNT FOR THE PAYMENT AND REDEMPTION OF THE OUTSTANDING BONDS TO BE REFUNDED; PROVIDING FOR THE LEVY OF TAXES TO PAY SAID REFUNDING BONDS AND THE INTEREST THEREON; AND PRESCRIBING OTHER DETAILS IN CONNECTION THEREWITH. COUNCILMAN WEBER MOVED TO PASS THE BILL FOR AN ORDINANCE ON FIRST READING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. Nays : None. Absent: Council Member Smith. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor Gary Copp, President of the Casual Lounge, 65 West Floyd, was present and discussed the plans for expanding his premises to open up a dining room. Mr. Copp stated the expansion has already been completed because he did not realize that he needed Council's approval prior to remodeling. However, Mr. Copp stated he has stopped serving food and liquor in the din- ing room pending Council's decision. COUNCILMAN WEBER MOVED TO GRANT THE PREMISES UNDER THE EXISTING LIQUOR LICENSE TO 65 WEST FLOYD AVENUE AS PER THE APPLICATION. seconded the motion. Upon a call of the roll, as follows: EXPANSION OF THE THE CASUAL LOUNGE, Councilman Mann the vote resulted Ayes: Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. Nays: None. Absent: Council Member Smith. The Mayor declared the motion carried . * * * * * * Pre-scheduled visitor Michael Dunahay, 4955 South Broadway was not present. * * * * * * • I • • • • • .. July 3, 1978 Page 4 Mayor Taylor asked if there were any other visitors wishing to be heard at this time. Ken Holland, 4140 South Inca, appeared before Council and discussed the fire department re-organization proposal. He stated he opposed the reduction of the manning on the fire trucks and submitted a petition containing 191 names of those people who oppose the reduction too. Mr. Holland stated the reduction of man power was the only part he opposed; otherwise, the plan was fine. * * * * * * Myrtle Jones, 5020 South Washington, appeared before Council and inquired about the status of her previous request of getting a park for southeast Englewood. City Manager McCown stated there have been discussions with the school district regarding the Duncan School area; how- ever, there are still other groups through which the request must go before anything can be started. Mrs. Jones stated she hopes the City can buy this area because her neighborhood needs a park badly. Mrs. Jones also stated she felt the City hired a qualified fire chief and urged the Council to li ~ten to his fire department re-organization proposal. ~ * * * * * * Maurice Merlin, 3688 South Sherman, appeared before Council and discussed several items. Mr. Merlin urged Council to spend money on installing traffic lights at two certain i nter- sections and strobe lights for the police cars before spending money on fire department re-organization. Mr. Merlin stated he preferred the re-organization take place over a period of years rather than have the department undergo a radical change imme-diately. Mr. Merlin queried the agenda item whereby Council would adopt a resolution amending the General Fund Budget and if Council could take such action without first holding a public hearing. Mr. Merlin discussed his dissatisfaction with the Com- munity Development Department especially the Code Enforcement Division and requested Council to investigate the Department to determine whether or not it is providing all the services with which it has been charged . Mr. Merlin referred to the inspectors and their lack of enforcing property owners to cut their weeds • • I • ( ( • July 3, 1 978 Page 5 • • .. Council discussed the availability of enough building inspectors to perform the duties assigned to them. Councilman Clayton suggested that more inspectors be hired. Councilman Mann stated he felt there were enough inspectors on the staff and the department needs to better utilize those people. COUNCILMAN CLAYTON MOVED TO REQUEST THE CITY MANAGER TO ATTEMPT TO ASSIGN MORE PERSONNEL TO THE ENVIRONMENTAL ASPECTS OF THE CITY FOR THE PERIOD FROM JULY 3, 1978 THROUGH THE PERIOD OF AUGUST 30, 1978 IF THE PERSONNEL CAN AT ALL BE MADE AVAILABLE FOR THIS JOB. Councilman Mann seconded the motion. Councilman Harper stated s i nce the problem has been called to the attention of the City Manager and the Council, he felt the solution should come from the City Ma nager and not the Council. Mayor Taylor stated the City should use what inspectors are presently on the payroll to strictly enforce the code. Mayor Taylor stated he could not vote in favor of Councilman Clayton's motion because he felt the City Manager was capable of handling the situation and that this issue was not Council's responsibility. ) Councilman Clayton withdrew his motion and Councilman Mann withdrew the second to the motion. * * * * * * LeeR. Jones, 2740 South Cherokee, appeared before Council and discussed status of the Ad Hoc Committee. Mr. Jones stated the hierarchy of the Committee and entered into the record a copy of the agenda of their last meeti ng. Mr. Jones stated the Com- mittee is requesting the City's assistance in drafting the ordin- ance outlining the boundaries of the district, the mill levy and the date for election creating the Downtown Development Authority. Mr. Jones stated the Ad Hoc Committee would like the bill for this ordinance to be presented at the next regular Council meet- ing on July 17, 1978. Mr. Jones stated the suggested boundaries of the district are primarily B-l zoned as he referred to a pre- pared map and added that the Committee would like the date of the election to be September 19, 1978. Mr. Jones also pointed out optional areas that could be added to the Authority at a later date. City Attorney Berardini stated the date of September 19, 1978 can be established to meet all the requirements of law. City Attorney Berardini stated the ordinance can be prepared for the next regular Council meeting now that the boundaries and date for election have been determined. • I • • • J u ly 3, 1978 Page 6 • • - In answer to Mr. Jones's question, City Attorney Berardini stated the City Charter charges the Election Commission with the responsibility of conducting the election. COUNCILMAN MANN MOVED TO DIRECT THE CITY ATTORNEY TO PRE- PARE AN ORDINANCE DECLARING A CENTRAL DOWNTOWN AUTHORITY , SETTING UP TO BUT NOT EXCEEDING A FIVE MILL LEVY AND SETTING THE ELECTION FOR SEPTEMBER 19, 1978, ALSO APPROVING THE BOUNDARIES FOR THE DIS- TRICT AS THE AD HOC COMMITTEE HAS PRESENTED SPECIFICALLY AND TO HAVE THE BILL AVAILABLE FOR THE CITY COUNCIL MEETING ON JULY 17, 1978. Councilman Williams seconded the mot i on. At the request of Councilman Cl ayton, Mr. Jones pointed out the proposed boundaries street by stre e t . Upon a c al l of the roll , the vote resu lt ed as follows : Ayes : Nays: Absent : Council Members Clayton , Mann, Wi lliams , Weber , Harper , Taylor. None. Council Member Smi t h. Th e Ma yor declared the motion carried. * * * * * * Mayor Taylor asked if t here we r e a n y other vis i tor s wi sh i ng to be heard at this time. No on e res ponded. * * * * * * Mayor Taylor declared a recess at 8:55 p.m . Th e Cou n cil reconvened at 9 :10p.m. Mayo r Taylor asked for roll call . Upon a call of the roll the following were present . Council Members Williams, Weber, Harper, Clayton, Mann Taylor. Absent : Council Mem b er Smith . The Mayor declared a quorum present . * * * * * * "Conununications -No Action Recommended" on the agenda were received : (a) Minutes of the Denver Regional Council ot Governments meeting o f April 19, 1978 • • I • • ( • July 3, 1978 Page 7 (b) (c) (d) Minutes meeting Minutes meeting Minutes meeting 1978. * * of of of of of of * • • .. the Englewood Housing Authority April 25, 1978. the Board of Adjustment and Appeals May 10, and June l, 1978. the Planning and Zoning Commission May ~. May 23, May 30, and June 6, * * * Administrative Assistant Hugh Brown presented the minutes of the Water and Sewer Board meeting of June 27, 1978 with a recom- mendation concerning Supplement 60 Southgate Sanitation District. Administrative Assistant Brown stated the area contains 21.64 acres near Greenwood Plaza and I-25 and the development will be an office- warehouse facility. The facility will house 30 structures requiring 30 sewer taps. Administrative Assistant Brown stated a telephone poll was taken of the Water and Sewer Board and the results recom- mended approval of this supplement. COUNCILMAN MANN MOVED TO APPROVE SUPPLEMENT 60 SOUTHGATE SANITATION DISTRICT. Councilman Harper seconded the motion. In response to Councilman Mann's question, City Manager McCown stated the revenue from the sewer taps goes into a con- struction fund within the Bi-City Plant and is set up to pay for the second phase of the expansion of the plant. City Manager McCown explained how Littleton pays their share for the operation of the plant and assured Councilman Mann that the agreement was equitable and fair. Councilman Mann requested that the Bi-City fund be studied in detail at the next budget retreat as far as how the fund is set up and how much work is done by Englewood so Council can have a better understanding of the operation. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * • I • • • July 3, 19 78 Page 8 • • .. City Manager McCown presented Item IV, McLellan Reservoir of the Water and Sewer Board minutes of June 27, 1978 and recom- mended Council's concurrence with the Board's actions on the use of the reservoir. COUNCILMAN MANN MOVED TO APPROVE THE RECOMMENDATION FROM THE WATER AND SEWER BOARD AS IT PERTAINS TO THE MCLELLAN RESERVOIR. Councilman Williams seconded the motion. Councilman Clayton requested background i nformat~on sus t a i ning the motion. Councilman Mann stated three or four years ago the Parks and Recreation Board and the Water Board allowed fishing and other water related activities at the reservoir. Councilman Mann stated since Englewood will be partaki ng of the water from the reservoir in t he next three years, the Water Board has decided to halt any act i vity at the reservoir and to post no trespassing signs. Counci l man Harper added that some serious problems have developed at the reservoir and the Board feels to close the area is the only solution. Mayor Taylor added the Board is trying to prevent the occurrence of some tragic accident. City Manager McCown stated he has been informed the Littleton Police Department will patrol the area once the signs are posted. Up on a call of the roll , t he vot e r esu l t ed a s f o llows: Ayes: Nays : Absent: Coun c il Me mbers Clayton, Mann, Williams, We ber, Ha rper, Taylor . None. Council Member Smith. The Mayor declared the motion carried . * * * * * * Administrative Assistant Brown presented a memorandum from the Director of Community Development to the City Manager concerning an encroachment requ est at 3 66 1-63-65 South Broadway, property owned by Mr. JohnS. Swartz. Administrative Assistant Brown stated Mr. Swartz requests permission to install an awning wh i ch will extend three feet eight inches beyond his property l i n e a c ross the front of his building with a seven foot clearance • I • • - ( ( • July 3, 1978 Page 9 • • - from the bottom edge of the awning to the sidewalk. Administrative Assistant Brown further stated that Mr. Swartz understands and has agreed that the encroachment would apply only to his business and that if the City would need to use the right-of-way for any reason, he would be asked to remove the awning. Administrative Assistant Brown stated that pertinent departments within the City were contacted regarding this request with no department objecting. COUNCILMAN WEBER MOVED TO GRANT THE ENCROACHMENT REQUEST FOR THE ADDRESSES OF 3661-63-65 SOUTH BROADWAY TO MR. JOHNS. SWARTZ, HIMSELF. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. Nays: None. Absent: Council Member Smith. The Mayor declared the motion carried. * * * * * * City Attorney Berardini transmitted a report concern- ing 1977-78 Litigation. City Attorney Berardini stated the report covers 33 cases and discussed the status of some of the cases. City Attorney Berardini discussed a case, Harold Corah and Nellie Corah vs. the City's Board of Adjustments and Appeals and Milton A. and Robert Senti, involving a non-conforming use and which was recently served on the City. City Attorney Berardini requested Council's authority to defend the action on behalf of the City and the Board of Adjustments and Appeals. COUNCILMAN WILLIAMS MOVED TO AUTHORIZE THE CITY ATTORNEY TO APPEAR AND APPEAL THE CASE OF CORAH'S VS. THE SENTI'S AND THE BOARD OF ADJUSTMENTS AND APPEALS. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. None. Council Members Smith. The Mayor declared the motion carried. * * * * * * • I • • • July 3, 1978 Page 10 • • .. RESOLUTION NO. 47, SERIES OF 1978 A RESOLUTION AMENDING THE 1978 GENERAL FUND BUDGET. City Manager McCown stated this resolution appropriates $2,700 for the cost of a feasibility study of remodeling the City Council Chambers and/or Court facilities. COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 47, SERIES OF 1978. Councilman Weber seconded the motion. In response to a question discussed by a visitor appear- ing earlier in the meeting, Mayor Taylor stated any resolution or anything pertaining to the budget under 5% does not have to go before a public hearing. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a letter from ISO con- cerning the fire department organization plan and transmitted copies to the Council. The letter states there would be no change in the City's public protection classification if the proposed changes submitted by Chief Beeson were implemented. COUNCILMAN WEBER MOVED THAT COUNCIL RECOGNIZE THE CON- CEPT OF FIRE DEPARTMENT RE-ORGANIZATION PLAN AS SUBMITTED BY FIRE CHIEF BEESON. Councilman Clayton seconded the motion. At the request of Councilman Clayton, the Clerk read the letter in full from the Insurance Services Offices of Colorado as written by Mr. D. G. Mees, Supervisor of Pricing Services, dated June 30, 1978 addressed to Mr. Andy McCown, City Manager. Councilman Mann stated he is willing to accept the administrative part of Chief Beeson's proposal but he was against taking any man off a fire truck. Councilman Williams stated he agreed with Councilman Mann on this matter. Councilman Williams stated because he dis- • I • • ...... ( I ( • July 3, 1978 Page 11 • • .. agreed with the reduction of manpower on a fire truck, he would have to vote no on the whole issue. Upon a call of the roll, the vote resulted as follows: Ay es: Nays: Absent: Council Members Clayton, Weber, Harper, Taylor. Council Members Mann, Williams . Council Member Smith. The Mayor declared the motion carried. * * * * * * City Manager McCown announced the first pick-up of the Eco-Cycle program will be July 8, 1978 and the organization has invited the Council to attend the ceremonies on that day at the plant when the truck returns. * * * * * * Mayor Taylor stated a report will be forthcoming on the activities that took place at the Colorado Municipal League Con- terence, June 21 -23, 1978 in Colorado Springs . * * * * * * Councilman Mann announced the next event celebrating the Diamond Jubilee will be a rodeo at the Arapahoe County Fair-grounds, July 16th. * * * * * * Councilman Mann announced the Council softball team will play the last place softball team in the Women's League. The game will be Sunday, August 6, 1978 at Belleview Park at 7 :00 p.m. The tickets are ~1.00. Councilman Mann stated the City Attorney will be the umpire behind the plate. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE REGULAR COUNCIL MEETING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. • ) I • • • July 3, 1978 Page 12 Nays: Absent: • • .. • None. Council Member Smith. The Mayor declared the motion carried and adjourned the meeting at 9:45 p.m. • • I . ( • REGULAR MEETING: • • .. COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO July 3, 1978 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on July 3, 1978, at 7:30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Reverend Fred Hahn, Immanuel Lutheran Church, 3695 South Acoma Street. The Pledge of Allegiance was led by Mayor Taylor. Mayor Taylor asked f or roll call. Upon a call of the roll, the following were present: Council Members Williams, Weber, Harper, Clayton, Mann, Taylor. Absent: Council Member Smith. The Mayor declared a quorum present. * * * * * * Also present were: City Manager McCown Assistant City Manager Curnes City Attorney Berardini Fire Chief Beeson Deputy City Clerk Watkins * * * * * * COUNCILMAN MANN MOVED TO ACCEPT THE MINUTES OF THE REGULAR COUNCIL MEETING OF JUNE 19, 1 978. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent: Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * • I • • - • July 3, 1978 Page 2 • • - Pre-scheduled visitor Walt Imhoff, of Hanifen, Imhoff, and Samford, was present and discussed the bids that were re- ceived for the General Obligation Refunding Water Bonds. Mr. Imhoff stated seven bids were received and the low bidder was the Northern Trust Company of Chicago, Illinois offering a premium of $176,000 and an average interest rate of 5.77%. Mr. Imhoff entered into the record a list of the names of the firms that submitted a bid then recommended that Council award the bid to Northern Trust Company. Mr. Imhoff stated the low bid result will guarantee the City a savings of $754,000 in future principal and interest payments on outstanding water bonds. COUNCILMAN CLAYTON MOVED TO TAKE AGENDA ITEM 6 (A) OUT OF ORDER AND MOVE IT FORWARD FOR COUNCIL ACTION. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. None. Council Member Smith. The Mayor declared the motion carried. COUNCILMAN WILLIAMS MOVED TO ACCEPT THE BID FROM THE NORTHERN TRUST COMPANY OF CHICAGO, ILLINOIS FOR THE GENERAL OBLI- GATION REFUNDING WATER BONDS. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. None. Council Member Smith. The Mayor declared the motion carried. INTRODUCED AS A BILL BY COUNCILMAN WEBER A BILL FOR AN ORDINANCE AUTHORIZING THE SALE AND ISSUANCE OF GENERAL OBLIGA- TION REFUNDING WATER BONDS, SERIES 1978, IN THE PRINCIPAL AMOUNT OF $8,455,000 OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE PURPOSE OF REFUNDING GENERAL OBLIGATION REFUNDING WATER BONDS, SERIES 1975, AND GENERAL OBLIGATION WATER IMPROVEMENT BONDS, DATED FEBRUARY 1, 1978, OF THE CITY OUTSTANDING IN THE AGGREGATE AMOUNT • I • ( • July 3, 1978 Page 3 . . • • .. OF $9,310,000; PROVIDING FOR THE ESTABLISHMENT OF AN ESCROW ACCOUNT FOR THE PAYMENT AND REDEMPTION OF THE OUTSTANDING BONDS TO BE REFUNDED; PROVIDING FOR THE LEVY OF TAXES TO PAY SAID REFUNDING BONDS AND THE INTEREST THEREON; AND PRESCRIBING OTHER DETAILS IN CONNECTION THEREWITH. COUNCILMAN WEBER MOVED TO PASS THE BILL FOR AN ORDINANCE ON FIRST READING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent : Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor Gary Copp, President of the Casual Lounge, 65 West Floyd, was present and discussed the plans for () expanding his premises to open up a dining room. Mr. Copp stated the expansion has already been completed because he did not realize that he needed Council's approval prior to remodeling. However, Mr. Copp stated he has stopped serving food and liquor in the din- ing room pending Council's decision. COUNCILMAN WEBER MOVED TO GRANT THE PREMISES UNDER THE EXISTING LIQUOR LICENSE TO 65 WEST FLOYD AVENUE AS PER THE APPLICATION. seconded the motion. Upon a call of the roll, as follows: EXPANSION OF THE THE CASUAL LOUNGE, Councilman Mann the vote resulted Ayes : Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. Nays: None. Absent : Council Member Smith. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor Michael Dunahay, 4955 South Broadway was not present. * * * * * * • I • • • July 3, 1978 Page 4 • • .. Mayor Taylor asked if there were any other visitors wishing to be heard at this time. Ken Holland, 4140 South Inca, appeared before Council and discussed the fire department re-organization proposal. He stated he opposed the reduction of the manning on the fire trucks and submitted a petition containing 191 names of those people who oppose the reduction too. Mr. Holland stated the reduction of man power was the only part he opposed; otherwise, the plan was fine. * * * * * * Myrtle Jones, 5020 South Washington, appeared before Council and inquired about the status of her previous request of getting a park for southeast Englewood. City Manager McCown stated there have been discussions with the school district regarding the Duncan School area; how- ever, there are still other groups through which the request must go before anything can be started. Mrs. Jones stated she hopes the City can buy this area because her neighborhood needs a park badly. Mrs. Jones also stated she felt the City hired a qualified fire chief and urged the Council to li~ten to his fire department re-organization proposal. * * * * * * Maurice Merlin, 3688 South Sherman, appeared before Council and discussed several items. Mr. Merlin urged Council to spend money on installing traffic lights at two certain inter- sections and strobe lights for the police cars before spending money on fire department re-organization. Mr. Merlin stated he preferred the re-organization take place over a period of years rather than have the department undergo a radical change imme-diately. Mr. Merlin queried the agenda item whereby Council would adopt a resolution amending the General Fund Budget and if Council could take such action without first holding a public hearing. Mr. Merlin discussed his dissatisfaction with the Com- munity Development Department especially the Code Enforcement Division and requested Council to investigate the Department to determine whether or not it is providing all the services with which it has been charged. Mr. Merlin referred to the inspectors and their lack of enforcing property owners to cut their weeds • • I • • ( • July 3, 1978 Page 5 • • - Council discussed the availability of enough building inspectors to perform t h e duties assigned to them. Councilman Clayton suggested that mo r e inspectors be hired . Councilman Mann stated he felt there were enough inspectors on the staff and the department n eed s to b etter utilize those people . COUNCILMA N CLAYT ON MOVED TO REQUEST THE CITY MANAGER TO ATTEMPT TO ASSIGN MORE PERSONNEL TO THE ENVIRONMENTAL ASPECTS OF THE CITY FOR THE PE RIO D FR OM JULY 3, 1978 THROUGH THE PERIOD OF AUGUST 30 , 19 78 IF THE PERS ONNEL CAN AT ALL BE MADE AVAILABLE FOR THIS JOB. Councilman Mann seconded the motion. Councilman Harper stated since the problem has been called to the attention of the City Manager and the Council, he felt the solution should come from the City Manager and not the Council. Mayor Taylor stated the City should use what inspectors are presently on the payroll to s trictly enforce the code. Mayor Taylor stated he could not vote in favor of Councilman Clayton's motion because he felt the City Manager was capable of handling the situation and that this issue was not Council's responsibility. Councilman Clayton withdrew his motion and Councilman Mann withdrew the second to the motion. * * * * * * LeeR. Jones, 2740 South Cherokee, appeared before Council and discussed status of the Ad Hoc Committee. Mr. Jones stated the hierarchy of the Committee and entered into the record a copy of the agenda of their last meeting. Mr. Jones stated the Com- mitte e is requesting the City's assistance in drafting the ordin- ance outlining the boundaries of the district, the mill levy and the date for election creating the Downtown Development Authority. Mr. Jones stated the Ad Hoc Committee would like the bill for this ordinance to be presented at the next regular Council meet- ing on July 17, 1978. Mr. Jones stated the suggested boundaries of the district are primarily B-1 zoned as he referred to a pre- pared map and added that the Committee would like the date of the election to be September 19, 1978. Mr. Jones also pointed out optional areas that could be added to the Authority at a later date. City Attorney Berardini stated the date of September 19, 1978 can be established to meet all the requirements of law. City Attorney Berardini stated the ordinance can be prepared for the next regular Council meeting now that the boundaries and date for election have been Jetermined, • I • • • July 3, 1978 Page 6 .. • • - In answer to Mr. Jones's question, City Attorney Berardini stated the City Charter charges the Election Commission with the responsibility of conducting the election. COUNCILMAN MANN MOVED TO DIRECT THE CITY ATTORNEY TO PRE- PARE AN ORDINANCE DECLARING A CENTRAL DOWNTOWN AUTHORITY, SETTING UP TO BUT NOT EXCEEDING A FIVE MILL LEVY AND SETTING THE ELECTION FOR SEPTEMBER 19, 1978, ALSO APPROVING THE BOUNDARIES FOR THE DIS- TRICT AS THE AD HOC COMMITTEE HAS PRESENTED SPECIFICALLY AND TO HAVE THE BILL AVAILABLE FOR THE CITY COUNCIL MEETING ON JULY 17, 1978. Councilman Williams seconded the motion. At the request of Councilman Clayton, Mr. Jones pointed out the proposed boundaries street by street. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * Mayor Taylor asked if there were any other visitors wishing to be heard at this time. No one responded. * * * * * * Mayor Taylor declared a recess at 8:55 p.m. The Council reconvened at 9:10p.m. Mayor Taylor asked for roll call. Upon a call of the roll the following were present. Council Members Williams, Weber, Harper, Clayton, Mann Taylor. Absent : Council Member Smith. The Mayor declared a quorum present. * * * * * * "Communications -No Action Recolllllended" on the agenda were received: (a) Minutes of the Denver Regional Council of Governments meeting of April 19, 1978 • • I • • l ( • July 3, 1978 Page 7 (b) (c) (d) Minutes meeting Minutes meeting Minutes meeting 1978. * * of of of of of of * • • • the Englewood Housing Authority April 25, 1978. the Board of Adjustment and Appeals May 10' and June 1, 1978. the Planning and Zoning Commission May 16, May 23, May 30, and June 6, * * * Administrative Assistant Hugh Brown presented the minutes of the Water and Sewer Board meeting of June 27, 1978 with a recom- mendation concerning Supplement 60 Southgate Sanitation District. Administrative Assistant Brown stated the area contains 21.64 acres near Greenwood Plaza and I-25 and the development will be an office- warehouse facility. The facility will house 30 structures requiring 30 sewer taps. Administrative Assistant Brown stated a telephone poll was taken of the Water and Sewer Board and the results recom-mended approval of this supplement. COUNCILMAN MANN MOVED TO APPROVE SUPPLEMENT 60 SOUTHGATE SANITATION DISTRICT. Councilman Harper seconded the motion. In response to Councilman Mann's question, City Manager McCown stated the revenue from the sewer taps goes into a con- struction fund within the Bi-City Plant and is set up to pay for the second phase of the expansion of the plant. City Manager McCown explained how Littleton pays their share for the operation of the plant and assured Councilman Mann that the agreement was equitable and fair . Councilman Mann requested that the Bi-City fund be studied in detail at the next·budget retreat as far as how the fund is set up and how much work is done by Englewood so Council can have a better understanding of the operation. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * • I • • • July 3, 1978 Page 8 • • .. City Manager McCown presented Item IV, McLellan Reservoir of the Water and Sewer Board minutes of June 27, 1978 and recom- mended Council's concurrence with the Board's actions on the use of the reservoir. COUNCILMAN MANN MOVED TO APPROVE THE RECOMMENDATION FROM THE WATER AND SEWER BOARD AS IT PERTAINS TO THE MCLELLAN RESERVOIR. Councilman Williams seconded the motion. Councilman Clayton requested background information sustaining the motion. Councilman Mann stated three or four years ago the Parks and Recreation Board and the Water Board allowed fishing and other water related activities at the reservoir. Councilman Mann stated since Englewood will be partaking of the water from the reservoir in the next three years, the Water Board has decided to halt any activity at the reservoir and to post no trespassing signs. Councilman Harper added that some serious problems have developed at the reservoir and the Board feels to close the area is the only solution. Mayor Taylor added the Board is trying to prevent the occurrence of some tragic accident. City Manager McCown stated he has been informed the Littleton Police Department will patrol the area once the signs are posted. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent: Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * Administrative Assistant Brown presented a memorandum from the Director of Community Development to the City Manager concerning an encroachment request at 3661-63-65 South Broadway, property owned by Mr. JohnS. Swartz. Administrative Assistant Brown stated Mr. Swartz requests permission to install an awning which will extend three feet eight inches beyond his property line across the front of his building with a seven foot clearance • I • • ( ( • July 3, 1978 Page 9 .. • • • 0 from the bottom edge of the awning to the sidewalk. Administrative Assistant Brown further stated that Mr. Swartz understands and has agreed that the encroachment would apply only to his business and that if the City would need to use the right-of-way for any reason, he would be asked to remove the awning. Administrative Assistant Brown stated that pertinent departments within the City were contacted regarding this request with no department objecting. COUNCILMAN WEBER MOVED TO GRANT THE ENCROACHMENT REQUEST FOR THE ADDRESSES OF 3661-63-65 SOUTH BROADWAY TO MR. JOHN S. SWARTZ, HIMSELF. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes : Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. Nays: None. Absent: Council Member Smith. The Mayor declared the motion carried. * * * * * * City Attorney Berardini transmitted a report concern- ing 1977-78 Litigation . City Attorney Berardini stated the report covers 33 cases and discussed the status of some of the cases. City Attorney Berardini discussed a case, Harold Corah and Nellie Corah vs. the City's Board of Adjustments and Appeals and Milton A. and Robert Senti, involving a non-conforming use and which was recently served on the City. City Attorney Berardini requested Council's authority to defend the action on behalf of the City and the Board of Adjustments and Appeals. COUNCILMAN WILLIAMS MOVED TO AUTHORIZE THE CITY ATTORNEY TO APPEAR AND APPEAL THE CASE OF CORAH'S VS. THE SENTI'S AND THE BOARD OF ADJUSTMENTS AND APPEALS. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. Nays: None. Absent : Council Members Smith. The Mayor declared the motion carried. * * * * * * • I • • • July 3, 1978 Page 10 • • .. RESOLUTION NO. 47, SERIES OF 1978 A RESOLUTION AMENDING THE 1978 GENERAL FUND BUDGET. City Manager McCown stated this resolution appropriates $2,700 for the cost of a feasibility study of remodeling the City Council Chambers and/or Court facilities. COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 47, SERIES OF 1978. Councilman Weber seconded the motion. In response to a question discussed by a visitor appear- ing earlier in the meeting, Mayor Taylor stated any resolution or anything pertaining to the budget under 5% does not have to go before a public hearing. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a letter from ISO con- cerning the fire department organization plan and transmitted copies to the Council. The letter states there would be no change in the City's public protection classification if the proposed changes submitted by Chief Beeson were implemented. COUNCILMAN WEBER MOVED THAT COUNCIL RECOGNIZE THE CON- CEPT OF FIRE DEPARTMENT RE-ORGANIZATION PLAN AS SUBMITTED BY FIRE CHIEF BEESON. Councilman Clayton seconded the motion. At the request of Councilman Clayton, the Clerk read the letter in full from the Insurance Services Offices of Colorado as written by Mr. D. G. Mees, Supervisor of Pricing Services, dated June 30, 1978 addressed to Mr. Andy McCown, City Manager. Councilman Mann stated he is willing to accept the administrative part of Chief Beeson's proposal but he was against taking any man off a fire truck. Councilman Williams stated he agreed with Councilman Mann on this matter. Councilman Williams stated because he dis- • I • ( • July 3, 1978 Page 11 • • .. agreed with the reduction of manpower on a fire truck, he would have to vote no on the whole issue. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Weber, Harper, Taylor. Council Members Mann, Williams. Council Member Smith. The Mayor declared the motion carried. * * * * * * City Manager McCown announced the first pick-up of the Eco-Cycle program will be July 8, 1978 and the organization has invited the Council to attend the ceremonies on that day at the plant when the truck returns. * * * * * * Mayor Taylor stated a report will be forthcoming on the activities that took place at the Colorado Municipal League Con- terence, June 21 -23, 1978 in Colorado Springs. * * * * * * Councilman Mann announced the next event celebrating the Diamond Jubilee will be a rodeo at the Arapahoe County Fair-grounds, July 16th. * * * * * * Councilman Mann announced the Council softball team will play the last place softball team in the Women's League. The game will be Sunday, August 6, 1978 at Belleview Park at 7 :00 p.m. The tickets are ~1.00. Councilman Mann stated the City Attorney will be the umpire behind the plate. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE REGULAR COUNCIL MEETING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. • I • - • July 3 , 1978 Page 12 Nays: Absent: • • • None. Council Member Smith. The Mayor declared the motion carried and adjourned the meeting at 9 :45 p.m. • , I . ) • • ,. • 0 0 I . • • • • ,. - ..l~ ,t.~.f., -~ rt-.J-1i We the citizens of the City of Englewood, are in opposition of any action of council or city management to reduce the manpower currently assigned to fire suppression forces. We urge City Council to vote against this or any related proposals. We further petition that the minimum level of manning be established at three men per major piece of fire apparatus at four stations, as a city ordinance persuant to the city charter. • &~/) ~~-\ I . . • • .. - We the citizens of the City of Englewood, are in opposition of any action of council or city management to reduce the manpower currently assigned to fire suppression forces. We urge City Council to vote against this or any related proposals. We further petition that the minimum level of manning be established at three men per major piece of fire apparatus at four stations, as a city ordinance persuant to the city charter. • I • • • • .. • We 1 the citizens of the City of Englewood, are in opposition of any action of council or city management to reduce the manpower currently assigned to fire suppression forces. We urge City Council to vote against this or any related proposals. We further petition that the minimum level of manning be established at three men per major piece of fire apparatus at four stations, as a city ordinance persuant to the city charter. Address Name Address I " (..,gOIIc> ~~~~~~~~~~~~~~~~~ • • I . • • - - o~ We the citizens of the City of Englewood, are in opposition of any action ~ ~ ~ of council or city management to reduce the manpower currently assigned to J fire suppression forces. We urge City Council to vote against this or any related proposals. We further petition that the minimum level of manning be established at three men per major piece of fire apparatus at four stations, as a city ordinance persuant to the city charter. I . • • • .. • ® 0~ We the citizens of the City of Englewood, are in opposition of any action ~ ~ /' of council or city management to reduce the manpower currently assigned to fire suppression forces. We urge City Council to vote against this or any related proposals. We further petition that the minimum level of manning be established at three men per major piece of fire apparatus at four stations, as a city ordinance persuant to the city charter. Address I • • • • • • We the citizens of the City of Englewood, are in opposition of any action of council or city management to reduce the manpower currently assigned to fire suppression forces. We urge City Council to vote against this or any related proposals. We further petition that the minimum level of manning be established at three men per major piece of fire apparatus at four stations, as a city ordinance persuant to the city charter. Address I • • - - - - - - - - - ·~ - - - - - - U -. 1 - '- • • • o~'{J We the citizens of the City of Englewood, are in opposition of any action /1 ~ ~ of council or city management to reduce the manpower currently assigned to fire suppression forces. We urge City Council to vote against this or any related proposals. We further petition that the minimum level of manning be established at three men per major piece of fire apparatus at four stations, as a city ordinance persuant to the city charter. Name Address Name Address ;!l(l;-7/J7r-,{:~,r J J..J<, ... __.. / -- • • I . • - - if~ We the citizens of the City of Englewood, are in opposition of any action JP ~ '1 of council or city management to reduce the manpower currently assigned to fire suppression forces. We urge City Council to vote against this or any related proposals. We further petition that the minimum level of manning be established at three men per major piece of fire apparatus at four stations, as a city ordinance persuant to the city charter. I • • • • • We the citizens of the City of Englewood, are in opposition of any action of council or city management to reduce the manpower currently assigned to fire suppression forces. We urge City Council to vote against this or any related proposals. We further petition that the minimum level of manning be established at three men per major piece of fire apparatus at four stations, as a city ordinance persuant to the city charter. • I • • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL JULY 3, 1978 7 :30 P.M. Call to order, invocation by Reverend Fred Hahn, Immanuel Lutheran Church, 3695 South Acoma Street, pledge of allegiance by i.&y Scant Tx:Ge~ ff92...rn "' _ -1 ,JJ. and roll call. / 1 t..a 1~ \V{L 'J" 1. Minutes. {W-~(a) Minutes of the regular meeting of June 19, 1978. (Copies enclosed.) 2 . Pre-Scheduled Visitors. (a) Mr. Walt Imhoff, Hanifen, Imhoff and Samford, n~~ will be present to discuss the G. 0. Water v-~~ ~ds. (See item 6(a) .) '"'~ •. :v.J-C/'1{~ Mr. Gary Copp, President, Casual Lounge, 'L/-~ ~~ 65 West Floyd Avenue, will be present to ~ request approval for expansion of premises . (Copies enclosed.) (c)~ Mr. Michael Dunahay, 4955 South Broadway , .~~~~ will be present to discuss parking on South -,~U Broadway . (Memorandum from the City Manager ~~ 3. 4 . enclosed.) .jf..u j'.~S -~~C-Jt_t~'~ tk~ {~~., 6020.StJ ~ Other Visitors .-At':' ;u...'t.¢:;t . -f l -ltJo)V-ull./ ~ ~de~. f.ca tf:'"w ·· (CD <UO UIZ I-u.. ~ ~~8 ~ >,/£.,~ ~ ,J Communications -o ct~on Recommended . (a) Minutes of the Denver Regional Council of • .n ,Governments meeting of April 19 , 1978 . fljr:j)Jv'-Uf-" (Copies enclosed .) • I • • -• • ,. • Page 2 July 3, 1978 Agenda 4. Communications-No Action Recommended (Continued). (b) ~~(c) (d) Minutes of the Englewood Housing Authority meeting of April 25, 1978. (Copies enclosed.) Minutes of the Board of Adjustment and Appeals meeting of May 10, and June 1, 1978. (Copies enclosed.) Minutes of the Planning and Zoning Commission meeting of May 16, May 23, May 30, and June 6, 1978. (Copies enclosed.) 5. Communications -Action Recommended. Minutes of the Water and Sewer Board meeting of June 27, 1978 with a recommendation con- cerning Supplement 60 Southgate Sanitation District. (Copies enclosed.) Memorandum from the Director of Communi~y Development to the City Manager concern~ng an enc~oachment request at 3661-63-65 South Broadway. (Copies enclosed.) 6 . City Attorney. Bill for an Ordinance. (a) Bill authorizing the sale and issuance of General Obligation Refunding Water Bonds, Series 1978, in the principal amount of $8,455,000 of the City of Englewood for , \ ~ J the purpose of refunding General Obligation ULJ n i.-Refunding Water Bonds, Series 1975, and --A~~/~ ·General Obligation Water Improvement Bonds, JfrWVJ ~~dated February 1, 1978 , of the City outstand-L t>I J-Oing in the aggregate amount of $9,310,000; ~~ fv-providing for the establishment of an escrow account for the payment and redemption of the outstanding bonds to be refunded; pro- viding for the levy of taxes to pay said refunding bonds and the interest thereon; and prescribing other details in connection t herewith. (Copies enclosed.) Other Ma t ters. (b) Report from the City Attorney concerning 1977 -78 Litigation . /?I-ll cf ~ oj ~._t- • • I • • • • • • • • Page 3 July 3, 1978 Agenda 6 . City Attorney. (c) Attorney's Choice. 7. City Manager. (a) Approval of the Fire Department Reorganization proposal. (Copies previously transmitted.) j41 (b) (c) Resolution amending the 1978 General Fund Budget . (Copies enclosed .) Manager's Choice. 8 . General Discussion. (a) Mayor's Choice. (b) Councilman's Choice. 9. Adjournment. (),.J:. t//t~v"' L AND ~~~~ City Manager • I • • • • • ~~/!1~ ~ of /91!! RO ll CAll (J Moved Sec~ndtod Aye Nay Abstain bsent Wil 1 i i"lr.S --i ..w.eber A _5111!_t il Haroer / Cl~ton lA' Mann Ma y or Ta y]_;u_ I . . • • • - • • ROLL CALL M ed S d d A OY econ e ~e -=-~ sta n sen Wi 11 i ?!r.S ~ Na Ab Ab t ....webe..r. I ~ ::>mltn -~ ~er ~ Clayton _q----~ Mann 1 ~ _1la yor Ta ,y]_:r _k: I . • • • - • • ROLL CALL Moved Sec~mded Ave Nav Abstain Absent _k"' wn 1 il'ros ~T -.V WPhPr I ~/"" ~mTfn -~ _llaroer _v C 1 ayton "#-' ""' v Mann V -"'~or Ta y]_?r ·l ._k' I . • • - • • • • RO LL CALL Moved Sec~nded A Will i<'r.:s ~J ~ye Nav Abstain Absent w .. h .... Smftrj -HaroPr Clayton 'F Mann Ma y or Ta y_~~r · 7 ~M~ ~ _,!-<w -l7 ~~CLf~t . ;1&. 6 O?J u')~~ 0~17% ~ ~~~ . . 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P70·{ I#D _/_-rud-L~ 0 r t-oL u__J ~0. • I . • • • • ROLL CALL M d S ove d d ec~n e A ~ye N ay Ab t 1 s a n Ab t sen -Wi11i~Jr.S -' ,__ W~b~r t-- ~mlt n t.----J....-' Haro~r J.- 1---Clayton 'f". v- Mann 1.-- Mayor Tayj_~U V I . . • • • • .. • RO LL CALL Moved Second d l,../ l' f\ye WilTi r rr.s Nav Absta 1n Absent ~ w .. h.;r . -:J. ........ v mt n Hi!rol!!:_ -v-z::::::::= Clavton rJ/ ;......- Mann .!_ .L ~ Ma y or TayX?!:i L---" I . • • • - • • RO LL CALL Moved Sec~nded v-Wi 11 'f l'r.:s -"j Aye Nay Abstafn Absent v-~ WPhPr--·-; v-!>m!_t:r1 L.--Jfaroer -v-C 1 ayton _ c...J.--_y Mann __¥ Mayor fay_l_:u~ I . . • • • - • • RO LL CALL Moved Seconded Abstain Absent d! h xJ~ c(/rf . ros u; ~ ~ e2.'-0 ~(hut f ocu7) ~ ~ ~v • I . • • • • • • ROLL CALL "' ed s d d A N Ab A OV ec~n e ~e a.y_ sta n bsent £.._ Wi 11 i I' IrS --~ _v y ...webe.r ~~ :>mltr. -/.,..---~er ~ C1~ton~ v _V Mann v Jlayor Ta y_~~r ~ I . . • • • • ,. • RO LL CALL Moved Second d A e -T~ Nav Abstain Absent Wil 1 i ~rr.s W~>h~>r ~m1tn -Harm•r Clayton c:f- Mann M~or Tay_l_0r J. I . . • • • • • ROLL CALL Moved Seco d d n e Wi 1 1 ,----A.:t_e Nav Abstain Absent ,;oms .J w .. h;;: ·, !lmtth Harof'r - Clavton cJ... Mann Mayor Tay_1_~r I . • • - • • • • ROLL CALL Moved Sec~nded ~ Nav Abstain Absent Wi 11i i'~S ~I W~ber !lm1tn ~aroi!L_ - Clavton t¥ Mann Ma yor Ta y_l~r · J7 a;Li/U~ ~0~ J~f~ :;.~UA~ -r&~GA1d> Pa;ru -!1JU ct ~ '--)~ ~(~ ;tic ~ r ~ ' . . /h--(h r rr.uuu -~ ~M$'~-g1.FF0 ~~~yt~. -/1~/u. ?1-J ~~ tUu~. -_.d.<J~<VU cL -tti~ 0./Y">l.R')~Ih. tlu~-.u"-dj/~<A /~. ~ ~ ~Ju~ ~ iva_ uiW-4 ~~~ ·-Cm_p _f_/1~~--~ 0-kP ~~ . ~-'>'4-~· &7l~U-<-,u_ n 1 />~ UHLA Ltr ~)-/U~ T~ UI..L 1 1-~.cl ,(_~ ~/U~1f-~ {! t ')'YVYKJ~--a-<? • I . • - • - RO LL CALL Moved Seconded Wi fii illr.s----~ Nav Abstain Absent WPhPr --i !lmltn -H"'ro~rr._ Clavton Mann MayorTay) :1 r I . • • • • • RO LL CALL Moved Sec~nded Aye Nav Abstain Absent Willi~rr.s __ J Wi>hPr ~mltn --HarnP.r - j,/ Clayton A- 1.---Mann Mayo~:1 r 1 ~ & ~ Jo ;q?g "'J/' ~ ~ /~ ( --6 ~ )!l j"' I . • Wor'-'r;~~cJl .-,/-i u 1 < ~~~ ~:f~~ct_ • • • • - RO LL CALL Moved S d d econ e A we Nav Abstain Absent --Wfl1il'Jr.S -·· w .. h .. r smttn ~ - C avton .,.- Man~ -,.,ay~-~r . I . . • • - • • • • RO LL CALL Moved Seconded W1 11f?rr.s--· -:r .fu! N Ab 1 e i!Y sta n Absent W~>bPr ' !lmltn -_Hilroer Clayton~ Mann _Ma yor Ta.r.}_~.cj_ ck-cf<? r cl7J3 s ~P-/ Cld ~ GnVYY/i_~ • I . • • • • J4AVIIt:l ~ ~~.[~-~-J!u AbU4hl Ab5eat -t-~:tt·H-fil~ .IO!Qlli>r----r--· ~ ... .__.._. -·---·r:iler: -- c.J;.:: -~ '-·. jJ-:ril¥ly ---- ~/J'Yl-~~ /LR-~~ ~~ ~~~~~~ f ~ ~-tu>L/U<i-t4 -.-,0 ~I<M ~ ~~d_w~ ---()_t._~ a~~:vf__~ '13~~ >1fl ;q Wl.q /Y>U.U. a-U~ C /Jo-vz~ ;J~t • • I . . • • .. • "' ed s ov ec'Jnded Aye v Wi 11 i i'lr.S --Nay Abstain Absent w .. h;r --'-I '-!>mft h Harof!r -t.-- t..- y Clavton cJ-~ Mann c... v ~avor Ta yl :1r v-- dv~ t; C I~ f1 ~ . ~ ~· 1 (!_ LJ A Y · J jJ _) -/£ ~WLtS/J/}~(L} ~~ ~ ~ 1-(4 -711, ~ T~ ~~ {ntl-&1~ 1 c&4 OAU CU. /c:L'L ~~ J ') 7._ c_ 0 /7 1 jtlf~ I . • • • - • • ---------------------~~~---------------------------' RO LL CALL M ed S dd ov econ e A ve Nav Absta n Ab sent Wi11 ii'Tr.S ~J lolo>ho>r ::.m1tn -Haroer Clayton "'-- Mann I Mayor Tay]_?r ., • I . • • . ' • - • • ROLL CALL M ed S d d A ov econ e ·-T ~e ~ s a n sen Wi 1l i <'lr.S -..!:::: ....lilebe£ ~ N Ab t f Ab t ~m~n (.....--J:l.A.ril.f!r - .J::::::::. Cl~ton~ v-· Mann ~ J'!a yor Ta y_~!:_j_ .Jc::... I . . • • • - • • RO LL CALL Moved S co d d A e n e ~ve av Abstafn Absent Wil li ?rr.s --T WPhPr N 'Sm1 tr1 ---Ha r·oer Clavton r-Mann ~a y or Ta y_l_~r • I . • • • • • • ROLL CALL Moved Seconded Aye Nay Abstain bsent Wi11 i~-=-J w .. h.;;-1 A Smfth Harof!r - Cl~ton~ Mann _P~ayor T~l ::r I . • • • • • RO LL CALL Moved Second d e Aye Will~~ms Nav Abstain Absent _J <.---w .. h-;r ! L..-5mf n v ~"roPr -L---v- //"" Clavtoru::-I--Mann L--- Mayor Ta rl;r .........--1 I . • • • • - • • Moved s econded v--Wi 1 1 i ,.~s--:.T &_e Nay Abstain Absent -~ --_ ...... Smrt n t.-- Ha,.n.;r - ._ _V Clavton ~ 1.--L- Mann t...-- lT~or Ta_Y.l 1 r v-- 1..-----~ ithllv d~ ) yq:e:tJ 8 0) / V JJ;~~~~ • I . • • • • • RO LL CAL L M ed S dd A Ab t Na Ab t 1 ov econ e ~ye sy s a n sen Wi 11 11'rr.S ~~J ~ ~ Wl'!bl'!r ....-- ;,m1tr1 (...---~er v- Clayton_~ ~ ~ Mann 1--- _l"'_ayor Ta y)_~r t.- S(b) ~vL I . . • • • • •' • RO LL CALL Moved Sec~nded ~e Nav Abstain Abs@nt Willi~-=-J _W!!bPr I Smffn _Ha.roer - Clayton_~ Mann _M~or Tay]_~r · I . • • • • • RO LL CALL I • • • • - Moved Second d e Aye Nav Abstain v Wi 11 i?rr.S Absent v w .. h.;.r -=~· // I V' smfth v -llllrn~>r ~ Clavtonc,t..--..,..- Mann !-v Y.ayor Tay]_~r · v- 1h I . • • • - • - ROLL CALL M ed S dd ov econ e ~e ~ s a n sen Will i i'ms --A N Ab t 1 Ab t --..1mbe.r_ 2_m_!_!_n -J:l.A.r:i;!_er Cl<!l_ton~ Mann ~a y or T a y]_~r I . • • • • • • • RO LL CALL Moved Sec~nded Wflli?Jr.g-~e Nay Abstain Absent y _WI!bPr - A ~mlt r, v J:!Moer - Clayton -~ Mann ~ayor Tay_l_~!:._j_ I . • • • • • , . • ROLL CALL I • • • • • • RO LL CALL M ed S d d ov econ e ~e a.y sta n sent wnn ;orr.s __ J ~l!bPr A Ab N Ab ::>mltll _HM1ler - Cla~ton Mann _!layoTraV_}_?r · I . . • • • - • • ROLL CALL Moved Secondpd Wi1 1t <'rr.s -~l ~e Nay Abstain Absent _WI'!bPr A _:>m1tf1 ___Hitroer - Clayton Mann Jla y ~r Ta yl0U.. r I . • • • • • .. • ROLL CALL --.Wf!b-;;: -1 ---t--t----+------J • • • ROLL CALL Moved Seconded Ave Nay Abstafn Absent Wi1 1':1'rr.s ·-·I IJ.;~r I Smfth HaroPr - Clavton Mann 7.ay!'! Ta yJ :~r I . • • ( • REGULAR MEETING: • • .. COUNCIL CHAMB ERS CITY OF ENGLEWOOD, COLORADO June 19, 19 78 1 A 1 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on June 19, 1978, at 7:40 p.m . Mayor Taylor, presiding, called the meeting to order . The invocation was given by City Manager Mc Co wn . The Pledge of Allegiance was led by Boy Scout Troop Ul54. Mayor Taylor asked for roll call. Upon a c all of the roll, the following were present: Council Members Williams, Weber, Harper, Clayton, Mann, Taylor. Absent : Council Member Smith. The Mayor declared a quorum present. * * * * * * Also present were : City Manager McCown Assistant City Manager Curnes City Attorney Berardin i Director of Public Works Waggoner Deputy City Clerk Watkins * * * * * * City Manager McCown stated there were two corrections to be noted in the min utes of the regular meeting of June 5, 1978. The fi rst correction was on Page 3, third paragraph. City Manager McCown stated the due date should be changed from April 15, 1978 to May 15, 1978 . The second correction was on Page 13, paragraph 7. City Manager McCown asked the Clerk to explain the meaning of ''an untoward work atmosphere". The Clerk stated the phrase meant an adverse work atmosphere n ot conducive to good working relations. City Manager McCown i nd icated h is acceptance to this explanation. COUNCILMAN HARPER MOVED TO APPROVE THE MINUTES OF THE REGULAR COUNCIL MEETING OF JUNE 5 , 1978 WITH THE NOTED CORREC- TIONS. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Harper, Clayton, Mann, Williams, Weber, Taylor • I • • June 19, 1978 Page 2 Nays: Absent: • • .. None . Council Member Smith. The Mayor declared the motion carried . * * * * * * Pre-scheduled visitor Mr. James Anderson along with Mr. Walt Imhoff from Hanifen, Imhoff and Samford, Inc. were pre-sent. Mr. Walt Imhoff, 10432 E. Ida, appeared before Council and discussed the refinancing of the General Obligation Water Bonds . Mr. Imhoff presented a resolution and a refinancing plan that would reduce the City's future principal and interest payments by $754,000. * * * * * * RESOLUTION NO . 46, SERIES OF 1978 A RESOLUTION AUTHORIZING THE PUBLICATION OF NOTICE OF SALE OF GENERAL OBLIGATION REFUNDING WATE~ BONDS, SERIES 1978, OF THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO, IN THE PRINCIPAL AMOUNT OF $8,455,000, DATED AUGUST 1, 1978. COUNCILMAN MANN MOVED TO PASS RESOLUTION NO. 46, SERIES OF 1978. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor Kells Waggoner, Director of Public Works was present and discussed the memorandum from the Director of Finance concerning the North Central III Storm Drain- age Basin bid. Director Waggoner stated the low bid was received from Watts Bros. Inc . in the amount of $522,838.60. Director Waggoner stated the total estimated costs for the project is $566,000 placing the project $101,000 over budget. Director Waggoner discussed some additional revenue sources that were • I • ( ( • June 19, 1978 Page 3 • • .. available at this time; and stated he and Director James are recommending the bid award be made to Watts Bros. Inc. in the amount of $522,838.60 for the construction cost of the North Central Storm Drainage Project Phase III and to amend the six quarter budget as per the aforementioned revenue sources . Director Waggoner informed Council that Thomas Young from Sellards & Grigg, Inc ., the City's consulting engineering firm, was present to answer any questions Council may have con-cerning this pro j ect. COUNCILMAN MANN MOVED TO AWARD THE BID TO WATTS BROS . INC . IN THE TOTAL AMOUNT OF $522,838.60 FOR THE CONSTRUCTION OF NORTH CENTRAL STORM DRAINAGE PROJECT PHASE III AND TO AMEND THE SIX QUARTER BUDGET AS DESCRIBED IN THE MEMO. Councilman Clayton seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent: Council ~embers ~arper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * Mayor Taylor asked if there were any other visitors wish-ing to be heard. Mae Tillman, 3630 South Cherokee, appeared before Council and spoke on behalf of the residents living south of Hampden. Mrs. Tillman stated the residents oppose the idea of being included in the Downtown Development Authority. Mrs. Tillman stated their source of information was the newspaper article and the boundaries that were published include the area in which they live. Mrs. Tillman stated these residents fear the program would increase their taxes or cause their property to be condemned and converted into businesses. Mrs. Tillman referred to a petition signed by several residents ex- pressing their opposition. Mayor Taylor confirmed that the peti- tion had been received and presented to Council. A copy of the peti- tion was also filed with the Clerk following the Council meeting. * * * * * * COUNCILMAN CLAYTON MOVED TO BRING FORWARD FOR COUNCIL ACTION, AGENDA ITEM 7A -MEMORANDUM FROM THE CITY MANAGER CONCERN- ING DOWNTOWN DEVELOPMENT AUTHORITY. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • • June 19, 1978 Page 4 Ayes : Nays: Absent: • .. Council Members Harper, Clay ton , Mann, Williams , Weber , Taylor. None . Council Member Smith . The Mayor declar e d the motion carried. * * * * * * City Manager McCown presented the memorandum concern- ing the Downtown Development Authority. City Manage r McCown stated the Council met with a group of Englewood businessmen who recom- me nded that Coun ci l create the Authority. City Manager McCown stated in order to create this Authority the Council must call fo r an election of the people in the District . As a result, City Manager McCo wn stated the Council appointed these businessmen to work with another group (the Downtown Study Committee) and asked them to come back and recommend to Council the number of mills they wanted in the ordinanc e, the district boundaries and the date for an election. In respons e to Mrs. Tillman's remarks concerning the residential area being included i n th e district, City Mana ger Mc Cown stated the boundaries published in the newspaper are only proposed bound aries that were submitted to Council by a group of businessmen. COUNCILMAN MANN MOVED THAT THE DOWNTOWN REVIEW COMMIT TEE AND THE DOWNTOWN MERCHANTS COMMITTEE CONVENE JOINTLY AS AN AD HOC COMMITTEE TO PREPARE AND RECOMMEND TO COUNCIL THE BASIC ELEMENTS FOR AN ORDINANCE CALLING FOR AN ELECTION TO ESTABLISH A DOWNTOWN DEVELOPMENT AUTHORITY IN ACCORDANCE WITH THE PROVISIONS OF H.B. 1152, AS AMENDED. FURTHER, THAT THE COUNCIL DIRECT THE CITY MANA GER TO MAKE AVAILABLE TO THE COMMITTEE APPROPRIATE STAFF PERSONNEL AND ANY OTHER NECESSARY RESOURCES OF THE CITY, AS HE MAY DETERMINE IS NEEDED . FURTHER, THAT THE COMMITTEE BEGIN WORK IMMEDIATELY ON THE RECOMMENDATIONS FOR THE BOUNDARIES OF THE DISTRICT, THE MILL LEVY AND THE DATE OF ELECTION SO THE COUNCIL CAN MAKE A DECISION SOON . Councilman Williams seconded the motion . In r esponse to Mayor Taylor's question, City Attorney Berardini stated the participants of the Ad Hoc Committee ha ve been identified in Councilman Mann's motion ; however, it was hi s opinion that Council may add whoever else they feel would be necessary and wou ld contribute to the Committee . In respons to Councilman Mann's qustion on whether residential areas could be included in the boundaries of the district, City At to rney Berardini stated as he interpreted I • • • June 19, 1978 Page 5 • • • the act, H.B. 1152, residential areas are excluded. City Attorney Berardini recited from the act a section defining the boundaries to include business and commercial areas only. Mayor Taylor explained H.B. 1152 as a vehicle whereby busineses in a commercial area can tax themselves over and above the regular property taxes. This money is then put back into the district for purposes of revamping the area itself. Mayor Taylor stated the Council is hopeful that this provision will not only upgrade downtown Englewood but also attract other businesses to locate in the downtown area. Mayor Taylor added that several banks and merchants of Cinderella City have expressed their support for this method. Upon a call of the roll, the vote on the motion resulted as follows: Ayes : Nays: Absent: Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * Mayor Taylor asked if there were any other visitors wish-ing to be heard. A lady from the audience asked if her property would be condemned if the Downtown Development Authority was created. City Attorney Berardini stated that residential property can not be included in the Authority and the Authority will not have the power to condemn residential property. However, the Authority could buy property at the current market price or they could lease property . * * * * * * Mayor Taylor asked if there were any other visitors wish-ing to heard. No one responded. * * * * * * COUNCILMAN WILLIAMS MOVED THAT NO COUNCIL MEMBER WILL SERVE ON THE AD HOC COMMITTEE. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • • • June 19, 1978 Page 6 Ayes: Nays: Absent: • • Council Members Harper, Clayton, Mann, Williams, Weber, Smith. None . Council Member Smith. The Mayor declared the motion carried. * * * * * * "Communications -No Action Recommended" on the agenda wer e received: (a) (b) (c) (d) Minutes of the Library Board meeting of June 6, 1978. Minutes of the Parks and Recreation Commission meeting of June 8, 1978. Financial Report for the month of May, 1978. Memora ndum from the Municipal Court Judge concerning the activity report for the month of May, '1978 . * * * * * * City Manager McCown presented the Findings of Fact, Con- clusions and Recommendations relating to the zoning of an area which is subject to petitions requesting annexation to the City of Englewood. City Manager McCown stated the staff is waiting for a response from the property owners on the conditions for annexation as set forth by the City. City Manager McCown recommended that Council postpone the matter indefinitely. COUNCILMAN WILLIAMS MOVED TO POSTPONE THE MATTER OF THE FINDINGS OF FACT, CO NCLUSIONS AND RECOMMENDATIONS INDEFINITELY. Councilman Mann seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent : Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * I • • • June 19 , 1978 Page 7 • • .. City Manager McCown presented a request for a beer and wine license renewal for Paul's Restaurant and Pizzeria, 3542 South Fox Street . City Manager McCown stated the police report shows there have been no violations during the past year at this establishment. COUNCILMAN MANN MOVED TO GRANT THE RENEWAL FOR A BEER AND WINE LICENSE FOR PAUL'S RESTAURANT AND PIZZERIA, 3542 SOUTH FOX STREET. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a request for a 3.2 beer license renewal for Leslie E. Howe d/b/a/ Sport Bowl, 3295 South Broadway. City Manager McCown stated the police report shows there have been no violations during the past year at this establishment . COUNCILMAN MANN MOVED TO GRANT THE 3.2 BEER LICENSE RE- NEWAL FOR LESLIE E. HOWE D/B/A SPORT BOWL, 3295 SOUTH BROADWAY. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent : Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from the Director of Finance concerning an annexation petition for 1470 West Tufts Avenue. City Manager McCown recommended that Council receive the petit ion and direct the Community Development Depart- ment to submit a report on this area • • I • • • June 19, 197 8 Page 8 • • • COUNCILMAN WILLIAMS MOVED THAT THE PETITION BE RECEIVED AND DIRECTED THE COMMUNITY DEVELOPMENT DEPARTMENT TO SUBMIT A REPORT. Councilman Weber seconded the motion. Upon a call of the ro l l, the vote resulted as follows: Ayes: Nays : Absent : Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None . Counc il Mem ber Smith. The Ma y or declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS BY AUTHORITY ORDI NANCE NO. 13, SERIES OF 1978 AN ORDINANCE REZONING CERTAIN REAL PROPERTY WITHIN THE CITY OF ENGLEWOOD, FROM R-1-C, RESIDENTIAL DISTRICT, TO I-1, LIGHT IN- DUSTRIAL DISTRICT, RECITING A WAIVER AND IMPOSING CONDITIONS THEREON; AMENDING THE ZONING MAP IN ACCORDANCE THEREWITH; AND PROVIDING FOR THE RECORDING OF THIS ORDINANCE. COUNCILMAN WILLIAMS MOVED TO PASS ORDINANCE NO. 13, SERIES OF 1978 ON FINAL READING. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays : Absent : Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith . The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SMITH BY AUTHORITY ORDINANCE NO. 14, SERIES OF 1978 AN ORDINANCE AUTHORIZING THE ISSUANCE OF $7,600,000 HOSPITAL RE- VENUE BONDS (THE SWEDISH MEDICAL CENTER PROJECT), SERIES 1978 TO • I • ( • June 19, 1978 Page 9 • • .. REFINANCE CERTAIN OUTSTANDING OBLIGATIONS OF THE SWEDISH MEDICAL CENTER; RATIFYING CERTAIN ACTION HERETOFORE TAKEN; AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A FINANCING AGREE- MENT, INDENTURE OF TRUST, CLOSING DOCUMENTS AND SUCH BONDS IN CONNECTION THEREWITH; MAKING DETERMINATIONS AS TO THE SUFFICIENCY OF REVENUES AND AS TO OTHER MATTERS RELATED TO SUCH REFINANCING; AND REPEALING ACTION HERETOFORE TAKEN IN CONFLIC T HEREWITH . COUNCILMAN MANN MOVED TO PASS ORDINANCE NO. 14, SERIES OF 1978 ON FINAL READING . Councilman Williams seconded the motion. Councilman Clayton stated the City Attorney has ruled that even though his wife is employed by the Swedish Medical Center, there would be no reason for conflict of interest prohibiting him from voting favorably on the final passage of this bill for an ordinance. Mayor Taylor stated the City of Englewood is in no way obligated to pay off this debt because it is legally the sole re- sponsibility of Swedish Medical Center. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Williams, Weber, Taylor . None. Council Member Smith. The Mayor declared the motion carried. * * * * * * City Attorney Berardini presented a recommendation to approve a Stipulation in Settlement and for Dismissal in the case Bolejack vs. City of Englewood . City Attorney Berardini gave a brief summary on the history of the case and stated the stipu- lation recites that when costs incurred for the handling of cer- tain property are paid to the City, the City will then release the property to the parties as set forth by the Court. COUNCILMAN WEBER MOVED TO APPROVE THE STIPULATION IN SETTLEMENT AND FOR DISMISSAL. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. • I • June 19, 1978 Page 10 Absent : • • .. Council Member Smith. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from the Di- rector of Finance con c erning the City audit. City Manager McCown recommended that Council consider the selection commit t ee process and name three council members to join the Director of Finance in selecting an audit firm. COUNCILMAN HARPER MOVED THAT COUNCIL MEMBERS WILLIAMS, CLAYTON AND WEBER BE APPOINTED TO THE COMMITTEE TO INTERVIEW THE AUDITORS AND MAKE RECOMMENDATIONS TO THE COUNCIL . Councilman Mann seconded the motion. Upon a call of the roll, the vote re- sulted as follows : Ayes : Nays : Absent: Council Members Harper, Clayton, Mann, Williams, Web e r, Taylor. None. Council Member Smith. The Mayor declared the motion carried . * * * * * * City Manager McCown presented a memo randum concerning the Annual Financial Report to th e c itizens. City Manager McCown stat ed since th e Council has not given un animous support for this conce pt with some members desirous of e xamining what other cities have done along this line, City Manager McCown recommended that this concept be tabled for further study at budget review. COUNCILMAN WEBER MOVED TO TABLE CONSIDERATION FOR THIS FINANCIAL REPORT AT THIS TIME UNTIL THE TIME OF BUDGET HEARINGS WHEN COUNCIL CAN REVIEW THE COSTS AND SO FORTP.. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent : Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith. The Mayor declared the motion carried . * * * * * * • I • • - ' • June 19, 1978 Page ll • • • City Manager McCown presented a memorandum concern- ing formal approval of out-of-state trips for Fire Chief Beeson and the City Manager to attend a Manager/Fire Chief Leadership Workshop in Seattle, Washington, and for Director of Community Development Wanush to attend the "Joint Development Marketplace" c onference in Washington, D.C. City Manager McCown stated that attached to the memo- randum is a request from the Director of Libraries Harriet Lute for a member of the Library Board to make an out-of-state trip to review a computer system. City Manager McCown questioned the appropriateness of such an endeavor by the Board when its primary responsibility is to recommend policy to Council instead of getting involved in area of capital outlay. City Manager McCown stated the Board's budget has a balance of $750 and they have spent approximately 90% of its funds. COUNCILMAN CLAYTON MOVED tHAT COUNCIL APPROVE THE TRIP OF MRS. BENNETT TO CHICAGO TO REVIEW THE GAYLORD SYSTEM OF COMPUTER CIRCULATION. Motion died for lack of a second. Councilman Clayton asked the City Manager if there were additional funds of $1,200 which the Library Board agreed to appro- priate for the Diamond Jubilee Book and was to be reimbursed from the proceeds of the sale of the book. City Manager McCown stated he had no knowledge of such an agreement and any proceeds from the sale would have to go in the General Fund. COUNCILMAN MANN MOVED TO APPROVE THE TRIP FOR FIRE CHIEF BEESON AND THE CITY MANAGER TO SEATTLE ON JULY 12 -14 AND TO APPROVE THE TRIP FOR RICH WANUSH TO WASHINGTON, D.C. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent : Council Members Harper , Clayton, Mann , Wil liams, Weber, Taylor. None. Co uncil Member Smith. The Mayor declared the motion carried. * * * * * * Mayor Taylor announced that the next Town Meeting will be Thursday, June 22, at 7 :30 p.m. in the Erni e Anderson Room of • I • • • June 19, 1978 Page 12 • • - the Police and Fire Center. Mayor Taylor stated the topic will be the re-organization of the Fire Department . * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE REGULAR .MEETING . Councilman Weber s econded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper , Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith. The Mayor declared the motion carried and adjourned the regular Council meeting at 8 :45 p .m. • I . - ( • • • - INTRODUCED AS A BIL L BY COUNCILMAN A BILL FOR AN ORDINANCE AUTH OR I ZI NG THE SA LE AND ISSUANCE OF GEN ERAL OBLIGATI'l:-1 REFUI'DING \;ATER BONDS , SERIES 1978, IN 'fHE PRI :;CIPAL AHOUt;T OF $8,~55 ,000 OF THE CITY OF ENGLJ::I;QOD , COLO RA DO, F OR THE PURPOSE OF REFUNDING GENERAL OBLIGATION REFUNDING \;ATER BONDS , SERIES 1975, AND GENERAL OBLIGATION \;ATER IHPROVEMENT BONOS , DATED FEBRUARY 1, 1978, OF THE CITY OUTSTAN DING IN THE AGGREGATE AHOUNT OF $9 , 31 0 , 000; PROVIDING FOR TilE ES T•\BLISH~IENT OF AN ESCROI; ACCOUNT FOR THE PAYHENT AND REDEHP TION OF TilE OU TSTANDING BONO S TO BE REFUNDED ; PROVIDING FOR TH E LEVY OF TAXES TO PAY SAID REFUNDING BOND S AND TH E INTEREST THEREON; AND PRESCR IBING OT HER DI::T AI LS IN CONNECTION THERE\IITH . ~IHEREAS, the City of Englewood , w the County of Arapahoe and the State of Colorado (the "City"), is a political s ubdivision of the Sta te , a body corporate and politic , and a home-rule city pursuant to Article XX of the Stale Constitution; and WHEREAS, the Ci t y , by Ordinances heretofore adopted and approved by its City Counc~l . has authorized the issuance of its General Obligation Refun ding \'la ter Bo n ds , Series 197 5, dated April 1, 1 975 , in the amount of $4,100,000 (the "197 5 Issue"), and its General Obligation Water Improvement Bonds , dated February 1 , 19 7 8 , i n the amount o f $6,700,000 (the "1978 Issue"); and WHEREAS, as of August 1, 1978 , there remains outstanding of said 1975 Issue the amount of $2,610,000, being bond s numbered 29 9 to 820, inclusive, in the denomination of $5,000 each, bearing interest payable on Feburary 1 and August 1 each year, and maturing serially on Augus t 1, as [allows: Bond Nwnbers Interest Rate Amounts Year s (All Inclusive) (Per Annwn) Maturing Maturing 299 -382 5. 30\ $420,000 1979 383 -4 69 5.30\ 435,000 1980 470 -561 5 .30\ 460,000 1981 562 -656 5.30' 475,000 1982 657 -756 5.30 % 500 ,000 1983 757 -820 5.30\ 320 ,000 19 84 and WHEREAS, bonds of said 1975 Issue natur i n g on and after August 1 , 1983 , are redeemable at the option of the Ci ty on August 1 , 1982 , ~nd on a ny interest payment date thereafter in inverse n ric al order upon payment of par, accrued interest and a premium of 1\ o f prin c ipal; and ·11 - • 6 A I • • n ( • • • - WHEREAS , a s of August 1 , 1978, there remains outstanding of said 1978 I ssue the full amount thereof , being bonds numbered 1 to 1,340, inclus ive . ir. the den ominat i on of $5,000 each, bearing i nterest payable De cember 1, 1978 and semiannaully the rea f ter on the 1st day of June and the lst day of December each year, and maturi ng serially on December 1, as follows: Bond Numbers Interes t Rate Amounts Years (All Inclus ive) (Per Annum) Maturing: f-laturi!!S 1 -36 6.00~ $180,000 1979 37 -75 6.00\ 195 ,000 1980 76 -116 6.00\ 205 ,000 1981 117-1 5 9 6.00\ 215 ,000 1982 160 -205 6.00\ 230 ,000 1983 206 -254 6. 00 % 245 ,0 0 0 1984 255 -306 5.00\ 260,00 0 1985 307 -361 4 .90\ 275 ,00 0 1986 362 -419 4.75\ 290,000 1987 420 -481 4.75\ 310 . 00 0 1988 482 -5 46 4 .80\ 325 ,000 1989 547 -615 4.80\ 345 ,000 1990 616 688 4.90\ 365,000 1991 689 -766 4.90\ 390 ,000 1992 767 -848 5 .00 \ 41 0 ,000 1993 849 935 5.0 0\ 4 35,000 1994 936 -102 8 5.00\ 46 5 ,000 1995 1029 -1126 5.00\ 490,0 00 1 9 96 1127 -1230 5.00\ 520 ,000 1997 1231 -1340 5.00\ 550,000 1998 and WHEREAS, bonds of said 1978 Issue maturing on and after December 1, 1988, are redeemable at the option of the City on June 1, 1988 , and on any interest payment date thereafter, in inverse numerical order, upon payment of par and accrued interest~ and WHEREAS , the City Council has determined that it is necessary and in the best interests of the City that the 1975 and 1 9 7 8 Issues, outstanding in the aggregate amount of $9,310 ,000 be refunded by the issuance of Genera l Obligation Refunding Water Bonds, Series 1978, in the amount of $8 ,4 55 ,000, resulting in a reduction of debt serv i c e and effecting other econom i es , all to the benefit of the City and its inhabi tants, and in accordance with the City Cha rter: and WHEREAS , after published Not i ce of Sale, General Obli- -12- • I • ( • • • - BE IT ORDAI NED BY THE CITY CO UllCI L OF THE CITY OF ENGLE\iOOD , COLORADO: Section 1. That f or the purpose of providing funds w ith which to refund and pay $2 ,610,000 of its 1975 Issue and $6,700,000 of its 1978 Issue above described, the City of En glewood . Colorado, sha ll issue its General Obligation Re- funding t~ater Bonds, Series 1978, in t he principal amount o f $8,455,000. Said Refundi ng Water Bonds shall b e dated August 1, 1978: shall con s ist of 1,69 1 bonds in t he denomi natio n of $5 ,000 each , numb e red l to 1691, inclusive; s ha ll bear intere st payable on August 1, 1979 , and semiannua l ly therea f ter on t he lst day of February and the 1st day of t,ugust each year, a nd shall mature serially on Augus t 1, a s follows: Bond Numbers (All Inclusive ) 1 -109 110 -230 231 -358 359 -492 493 -634 635 743 744 -792 793 -844 845 -899 900 -959 960 -1022 1023 -1091 1092 -1164 1165 -1 24 3 1244 -13 27 1328 -1416 1417 -1513 1514 -1616 1617 -1691 Amounts Haturing $545 ,00 0 605,000 64 0 ,000 670,000 710,000 545 ,0 1 0 245 ,000 260 ,000 275,000 300,00 0 315,000 345.000 365 ,0 0 0 39 5,000 420,000 44 5 ,000 485,000 515 ,000 375,000 Years l-taturinq 1979 1980 1981 1 9 82 1983 1984 1985 19 86 1987 19 88 1 989 1990 1991 1992 1993 1994 1995 1996 1997 The net effective interest rate on this Series of Bonds is 1) · 111i5 \. The Refunding \'later Bonds, Series 1978, naturing on and after August 1, 1988 , shall b~ redeemable prior to their respec- tive maturity dates, at the opLion of the City, on August 1, 1987 ~ and on any interest payment date thereafter , in inverse numerical order, upon payment of par and accrued interest . Notice of prior redemption of the Refunding l~ater Bonds, Series 1978, shall be given by publication at least once in a legal newspaper or newspapers custonarily used by the City for legal notices, not less than thirty (30) days prior to the redemption date, and hy naili ng a copy of the Notice of RedeMp- tion by registerPd or c~rtifie d firstclass United Stotes mail, -11- • I • • ( • • • • postage prepald, to the original purchaser or to its successor, at least thirty (30) days prior to the redemption date. Such notice shall specify the place and date of redemption, the amount and numbers of the bonds called, and that from and after such date interest on all bonds called for redemption shall cease. The Refunding \·later Bonds, Series 1978, and the interest. coupon5 attached thereto shall be payable in lawful money of the United States of America, at The First National Bank of Englewood, Englewood, Colorado. Section 2. The Refunding \·later Bonds, Series 1978, shall be signed with a facsimile signature of the Mayor of the City, with a facsimile of the seal of the City affixed thereto, attested and countersigned by the manual signature of the Director of Finance, ex-officio City Clerk and Treasurer. The interest coupons attached to said bonds shall bear the facsimile signature of the Di rector of Finance, ex-officio City Clerk and Treasurer, and when issued as aforesaid as part of said bonds, shall be the binding obligations of the City according to their import. Should any officer whose manual or facsimile signature appears on said bonds or the interest coupons attached thereto cease to be such officer before delivery of the bonds to the purchaser, such manual or facsimile signature shall nevertheless be valid and sufficient for all purposes. Section 3. The Refunding ~later Bonds, Series 1978 , and the interest coupons attached thereto shall be in substan- tially the following form: -14- • I . ( ( • • • • (Form of Bond) UNITED STATES OF Al>!ERICA STATE OF COLORADO COUNTY OF ARAPAHOE CITY OF ENGLEWOOD GENERAL OBLIG!\TION REFUNDING \VATER BOND, SERIES 1978 No . $5,000 The City of Englewood , in the Coun y of Arapahoe and State of Colorado (herein the -city"), for val ue received , hereby acknowledges itself indebted and promises to pay to the bearer hereof the principal sum of FIVE THOU SAND DOLLARS in lawful money of the United States of Ame rica , on the 1st day of August, 19 ___ , with interest thereon at the rate of ---------------------------------per centum ( _________ \) per annum, payable August 1 , 1979, and semiannually thereafter on the lst day of Fe bruary and the lst day of Aug ust each year, as evidenced by interest coupons hereto attached, principa l of and interest on this bond being payable at The First National Bank of Englewood, in Englewood , Colorado , upon presentation of said coupons and this bond as they severally become due. Bonds of ~~s issue maturing on and after August 1, 1988 , are redeemable at the option of the City on August l, 1987, and on any interest payment date thereafter , in inverse numerical order, upon payment of par and accrued interest. Notice of prior redemption shall be given a s provided in the Ordinance authorizing this Bond. This bond is issued by the City Council of the City of Englewood , Colorado, for the purpose of providing funds to refund valid and outstanding General Obligation Refunding Nater Bonds, Series 1975, dated April 1, 1975, and General Obligation Water Improvement Bonds , dated February 1, 1978, under the authority of and in full conformity with the Constitution of the State of Colorado, and the Charter of said City, and pursuant to an Ordinance duly adopted, published and made a law of said City prior to the issuance of this bond. It is hereby further certified, recited and "arranted that all the requirements of law have been fully complied with -15- • I • • ( ( • • • • by the proper officers of the City in the issuance of this bond; that the total debt of the City, including that of this bond, does not exceed any limit of indebtedness prescribed by the Constitution or the Charter of the City; and that provision has ~ made for the application of the net revenues of the water system of the City and for the levy and collection of annual taxes on all of the taxable property in the City sufficient to pay the interest on and the principal of this bond when the same become due. The full faith and credit of the City of Englewood, Colorado, are hereby pledged for the punctual payment of the principal of and interest on this bond. IN TESTINONY \·:JlERI:OF, the City Council of the City of Englewood, City, Colorado has caused this bond to be signed with the facsimile signature of the Mayor of the City, sealed with a facsimile of the seal of the City, attested and counter- siqned by the manual signature of the Director of Finance, ex-officio City Clerk and Treasurer, and the attached coupons to be signed with the facsimile signature of the Director of Finance, ex-officio City Clerk and Treasurer, as of the lst day of August, 1978. (FACSIMILE SEAL) ATTESTED ABO COUNTERSIGNED: D~rector of Finance, ex-officio City Clerk and Treasurer -16- (Facsimile Signature) Mayor • I . - ( ( • • • • (ForM of Coupon) No. August, On the 1st day of February, 19 ___ , unless the bond to which this coupon is attached, if redeemable, has been called for prior redemption, the City of Englewood, in the County of Arapahoe and State of Colorado, will pay to bearer the amount shown hereon, in lawfu~ money of the United States of America, at Th e First National Bank of Englewood , in Englewood, Colorado , being interest then due on its General Obligation Refunding Water Dond, Series 1978, dated August 1, 1978, bearing No. (Facsimile Signature) D1rector of F~nance, ex off1c1o City Clerk and Treasurer -17 - • • I . ( ( • • • • Section 4. \-lh en said Refunding \'later Bo :td s have been duly ex ecuted the Director of Finance is hereby directed t o deliver the bond s to the purchaser thereof on receipt of the agreed purchase price therefor. The proceeds of the Re- funding liater Bonds, Series 1978, shall be used only for the purpose stated therei n and for paying the costs and expenses incurred incidental to the issuance of said Refunding Water Bonds and for no other purpose whatever. Neither the purchaser of said bonds nor the subsequent holder of any of them shall be responsible for the application or disposal by the City, or any of its officers, of any of the funds derived from the sale thereof. Section 5. If necessary, the interest and principal to become due on the Refunding \'later Bonds, Series 1978, in 1979 shall be advanced from the water fund or any other fund of the City available therefor. For the purpose of reimbursing said advance and paying the interest on said Refunding Water Bonds as the same shall become due, and providing for the ultimate payment and redemption of said Refunding Water Bonds, there shall be levied on all the taxable property of the City, in addition to all ather taxes, direct annual taxes in each of the years 1978 to 1996, inclusive, sufficient to make such reimbursement and to pay the interest on all of said Refunding Water Bonds, Series 1978, and the installments of principal, as the same become due and payable, respectively. Said taxes, when collected, shall be deposited in a special fund to be known as •city of Englewood General Obligation Refunding Water Bond Fund, Series 1978•, and the proceeds derived from said taxes shall be applied only to the payment of necessary costs and expenses of operating and maintaining the water system and to the payment of the interest and principal of the Refunding Water Bonds, Series 1978, authorized herein, and for no other purpose whatsoever, until the indebtedness so contracted pursuant to this Ordi- nance, both principal and interest, shall have been fully paid, satisfied and discharged. Nothing herein contained shall be so construed as to prevent the City from applying any other funds or revenues that may be in the City treasury and available for that purpose to the payment of said interest and principal, as the same respectively accrue or mature, and upon such payment the levy or levies herein provided may there- upon to that extent be diminished. -18- I • - ( ( • • • - Section 6. The s ums herein p rovided to pay the interes t on s aid Refunding \•later Bonds and to discharge the princip&l thereof when due , are hereby a ppropr iated for that purpose, and said amou nts f or each year shall al so be included in the annual budget and appropriation Ordinance and bills to be adopted and pa ssed by the City Co un cil of said City in each. ycar r respectively , until said Re fun d ing \Vater Bonds have been fully paid , satisfied and discharged. Section 7. Notwithstanding the foregoing provisions for tax l evies, the City hereby further covenants and agrees to extablish, mai ntain, colle ct and enforce a schedule of rates, fees, tolls a nd charges for c o nnection to and use of the water system of the City, which schedule shall be sufficient to assure that the revenue thereby produced, together with any other funds which may be lawfully available, and the proceeds of general a d v alorem taxes, shall pay all reasonable costs and expenses o f operating and maintaining the water s ystem and to pay the interest and p rincipal of the Gen eral Obligation Re funding Water Bonds, Series 197 8, herein autho rizeB, promptly as the same become due and payable, respectively. Section 8. It s hall b e the duty of the City Council of said City, annually, at the time and in the manner provided by law for levying other City taxes, if such a ction shall b e n e cessary to effectuate t he provisions of this Ord i nance, to ratify and carry-out t he provisions hereof with reference to the levying and collection of taxes; and the City shall levy, certify and collect such taxes in the manner provi ded by law for the purpose of creating a fund for the payr,ent of the costs and expenses of operating and maintaining the water sys tem, and the payment of the principal of the Ref unding l~ater Bonds and interest thereon, and such taxes when collected shall be kept for and applied only for such purpose, as hereinabove specified. Section 9. The proceeds der1ved from the sale of the Refunding Water Bonds, Series 1978 , authorized herein in an amount not less than $8,455,000, plus cash in the amount of $ -'2)i.d1.!> , which amount includes $355,690.00 cash on hand of the City. the $ n IR . l::j <j,p prel'li urn paid the ' City for the Refunding Water Bonds, and the accrued interest on the bonds being refunded , shall be deposited with The First National Bank of Englewood, Englewood , Colorado (the "Bank") in a separate fund and screw account hereby created and known as "City of Englewood, 1975 and 1978 Issues, Water Refunding Escrow -19- I • • ( ( ( • • • • Account" herein designated as the "Refunding Escrow Account" or "Escrow Account", which account shall a t all tines be sufficient, together with any in teres t to be d e r i ved from t he investment and any temporary rein ves tment of the deposits or any part thereof only in direct obligatio ns of, or the principal and interest of which obligations are unconditionally guaranteed by. the United States of America, to pay the principal of and interest on the outstanding 1975 and 1978 Issues being refunded. as the same become due and payable under and in accordance with the following schedule: 1975 Issue: Bonds numbered 299 to 820, inclusive, maturing August 1, 1979 to August 1, 1984, inclusive, shall be paid and retired at their respective maturity dates according to their original terms at The First National Bank of Englewood, Englewood, Colorado. 1978 Issue: Bonds numbered 1 to 1340, inclusive, maturing December 1, 1979 to December 1, 1998, inclusive, shall be paid and retired at their respective maturity dates according to their original term. at The First National Bank of Englewood, Englewood, Colorado. Interest on the outstanding bonds of the 1975 and 1978 Issues shall be paid as the same accrues, according to the original terms of said bonds, until said bonds mature. Section 10. The Bank shall invest the funds on deposit in the Refunding Escrow Account in direct obligations of, or the principal and interest of which obligations are unconditionally guaranteed by, the United States of America, and shall fully secure any cash balance in said Escrow Account in.the manner required by law for other trust funds. Section 11. If for any reason, at any time, the funds on hand in such Refunding Escrow Account shall be insuf- ficient to meet the payments required as the same shall be about to become due and payable , the City Council of the City shall forthwith deposit in such Refunding Escrow Account such addit1onal funds as may be required fully to rneet the amount so about to become due and p~yable. Section 12. The Bank shall from time to time redeem all or a portion of the obligations in said Refunding Escrow Account in sufficient amoun t s so that the proceeds therefrom -20- I • • ( • • • • and the interest thereon as the same accrues will be sufficient to meet the interest requirc~ents on the outstandi ng bonds of the 1975 and 1978 Issues as such interest accrues, according to the schedule hereinabove set forth. Section 13. The Nayor and the Director of Finance,· ex-officio City Clerk akd Treasurer of the City shall , and they are h ereby authorized and directed to take all necessary or appropriate action toward the execution of a proper Escrow Agreement wi th the Dank concerning the deposits in, investments of and disbursements from s a id r.efunCing tscrow Account , and such other agreements as may be necessary or desirable to effectuate the provisions of this Ordinance and comply with the requirements of law. Section 14. On or about the date when the Refunding Nater Bonds , Series 1978 , are delivered, or within a reason able time thereafter, the DirecLor of Finance is authorized and directed to publish a no~ice of refunding one or more times in a newspaper or newspapers customarily used by the City for l eg al notices . {) Section 15. The City covenants and agrees that it will make no use of the proceeds of the bonds authorized herein which might cause such obligations to be arbitrage bonds within the meaning of Section 103(c) of the Internal Revenue Code of 1954, as amended, and the Regulations proposed and in effect thereunder. Section 16. That if any one or more section or part of this Ordinance shall be adjudged unenforceable or invalid, such judgment s hall not affect, impair or inval idate the re- maining provisions of this Ordinance, it being the intention that t he various provisions hereof are severable. Section 17. All ordinances or parts thereof in conflict with this Ordinance are hereby repealed. Section 18. After said Refunding l~ater Bonds are issued, this Ordinance shall be and remain irrepealable until said Refunding Wa ter Bonds and the int~rest thereon have been fu lly pa i d, satisfied and discharged. Section 19. This Ordinance , as ado pted by the City Counc il, shall be numbered and rc=orded i n the official records of the City. Its adoptio~ and publication shall be authenticated by the signatures of the f·l nyor and the Direct.or of Finance, -21- • I • • - ( ( • • • • ex-officio City Cl erk and Treasurer , and by the certificate of publication. S e ction 20 . This Ordinance shall take ef f ect thirty (JO) days after publication following final passage. I NT RODuCED AS A BILL this Jrd day of July , 1 978. (SEAL) ATTEST: D~rector of Finance. ex-officio City Clerk and Treasurer -2 2- ~lay er • I . • • • ,. • INTRODUCED AS A BILL BY COUNCILMAN Weber A BILL FOR AN ORDI NANCE AUT HOR I ZING THE SALE AND ISSUANCE OF GENE RAL OBL I GATifJ:-1 1\EF UI'DING !;ATER BONDS, SERIES 1978, IN THE PRI:<ICIPAL AHOU NT OF $8,455 ,000 OF THE CITY OF' ENGL J.:I-IOOD , COLORADO, FOR THE PURPOSE OF REFUNDING GENERAL OBLIGATION REFUNDING liATER 13 0NDS , SERIES 1975 , AND GENERAL OBLIGATION liATER U!PROVEMENT BONDS , DATED FEBRUARY l , 1978, OF THE CITY OUTST ~~DING IN THE AGGREG ATE AMOUNT OF $9 , 310,000; P ROVI DING FOR THE EST,\BLISH~!ENT OF AN ESCRO!i ACCOUNT FOR TH E PAYY.!ENT AND REDEHP TION OF THE OU TST~"JD IN G BO NDS TO BE REFUN DED; PROVIDI NG FOR THE LEvY OF TA XES TO PAY SAID RE FU NDING BONDS AND THE I NTEREST THEREON ; AND PRESCRIBING OTHER DETAILS I N COI<'NECT lON THERE!H TH. ~ffiEREAS , t h e Ci ty of Eng l e wo od, in the County of Arapahoe and the Sta t e of Co lo ra do (the "C i t y "), is a political subdivision of t he Sta t e , a body c orporate and po litic, and a h o me-rule city p u rsuan t to Ar ticle XX of t h e State Constitution; and WHEREAS , the City, b y Or d inances hereto fore adopted and approved by its City Coun c il, has author i z ed the issuance of its General Obligation Re fund i ng \.;ater Bonds, Series 1975, dated April l, 1 9 75 , in the amount of $4,100,000 (the "1975 Issue•), and its Ge neral Obl ig ation \'later Improveme nt Bonds, dated February 1, 19 7 8, i n the amoun t o f $6,700,000 (the "1978 Issue"); and VffiEREAS, a s of Au g us t 1, 1978, t here remains outstanding of said 1975 Issue the amount of $2 ,6 1 0,0 00 , be i ng bonds numbered 299 to 820, inclusive, in t h e deno mination of $5 ,000 e ach, b e aring i;tterest pay able o n Febura r y 1 and Augus l each y e ar, a n d maturing ser i ally on Augus t 1, a s f o llows: Bond Nu mbers Inte r est Rate Anounts Ye ars (hl1 I nc lusive) (Per Annum) Maturing Ma t uring 299 -382 5. 30\ $420 ,000 1979 383 -469 5 .30\ 4 35,000 1980 4 7 0 -5 61 5.30\ 4 6 0,000 1981 562 -65 6 5.30\ 4 75 ,000 1982 6 5 7 -7 56 5 .30i 500 ,00 0 198 3 7 5 7 -82 0 5.30\ 320 ,000 1 984 and WHE REAS , bond s of said 1975 Issue ma tur i ng on a nd after Aug u st 1, 19 8 3 , are redeemable at the o p tion of the City on August l , 1982, and on any interest paymen t date t h ereaft e r i n inverse num~rical order upon pa)~ent of par , accrued i n terest and a premium of 1\ of principal; and -11- • I • • • • • • • WHEREAS , as of August 1, 1978, there remains outstanding of said 1978 Issue the full amount thereof, being bonds numbered 1 to 1,340, inclusive, ir. the denomination of $5,000 each, bearing interest payable De c ember 1 , 1978 and semiannaully thereafter on the 1st day of June and the 1st day of December each year , and maturing serially on December 1, as follows: Bond Numbers In teres t Rate Amoun ts Years (All Inclusive) (Pe r Annum) Maturing: Hat uri~ 1 -36 6 .00~ $180,000 1979 37-75 6. 00\ 195,000 1980 76 -116 6. 00\ 205,000 1981 117-159 6.00\ 215 ,000 1982 160 205 6.00\ 2 3 0,000 1983 206 -254 6. 00% 245,000 1984 255 -306 5.00\ 260,000 1985 307 -361 4.90% 275 ,000 1986 362 -4 19 4.75\ 290,000 1987 420 -481 4.7 5\ 310.000 1988 482 -546 4.80\ 325,000 1989 547 -615 4-80\ 345,000 1990 616 -688 4.90\ 365,000 1991 689 -766 4.90\ 390,000 1992 767 -848 5 .. 00% 410,000 1993 849 -935 5.00\ 4 35 ,000 1994 936 -1028 5.00\ 46 5,000 1995 1029 -1126 5.00\ 490,000 1996 1127 -1230 5.00\ 520 ,000 1997 1231 -1340 5.00\ 550,000 1998 and WHEREAS, bonds of said 1978 Issue maturing on and after December l, 1988, are redeemable at the option of the City on June 1, 1988, and on any interest payment date thereafter, in inverse numerical order, upon payment of par and accrued interest: and WHEREAS, the City Council has determined that it is necessary and in the best interests of the City that the 1975 and 1978 Issues, outstanding in the aggregate amount of $9,310,000 be refunded by t h e issuance of General Obligation Refunding Water Bonds , Series 1978, in the amount of $8,455 ,000, resulting in a reduction of debt service and effecting other economies , all to the benefit of the City and its inhabitants, and in accordance with the City Charter; and WH EREAS , after published Notice of Sale, General Obli- gation Refunding ~later Bonds , Series 1978 , in the principal amount of $8,4 55 ,000, were sold and awarded to the Northern Trust Company of Chica6o, Ill. , the highest and best bidder there- fore, such bid being hereby accepted . -12- • I • • • • - BE IT ORDAINED DY THE CITY CO UNCI L OF THE CITY OF ENGLEivOOD , COLORADO: Section 1. That f or the purpose of p roviding funds w ith which to refund and pay $2 ,610 ,000 of its 1975 I s sue and $6,700,000 of its 1 9 78 Iss ue above described , the City o f Englewood. Colorado , shal l issue its Gen e ral Obligation Re- funding \\later Bonds , Series 1978 , in the pr i ncipal aJ!'I.o unt of $8,455,000. Said Re funding \Vater Bonds shall be date d August 1, 1978; shall consist of 1 ,69 1 bonds in the denomi natio n of $5,000 each, numbered 1 to 1691 , i nclusive ; shall bear interest payable on August 1 , 1979 , and s~~iannually thereafter on the 1st day of F e bruary and the lst day of Ausust each year, and shall mature s e rially o n 1\ugus t 1, as follm.•s: Boncl Numbers InLcrest Ra._e Arrtounls Years (All Inclusive) (r<'r Annum) na urins. ~taturins 1 -109 6.00% $5 45,000 1979 llO -230 " 605 ,000 1980 231 -358 " 64 0 ,000 1981 359 -492 " 6 70,00 0 1982 493 -634 710 ,000 1983 6 35 -743 " 5 4 5 ,0 11 0 1984 7 44 -792 " 245 ,000 1985 793 -844 " 260 ,000 19 86 845 -899 " 275 ,000 1987 900 -959 " 300 ,00 0 1988 960 -1022 " 3 1 5 ,000 1989 " 1023 -1091 3 4 5 ,00 0 1990 1092 -1164 " 365,000 1991 1165-124 3 " 395,0 00 1992 1244 -1327 420,000 1993 1328 -1416 " 44 5 ,0 00 1994 1417 -1513 " 48 5 ,000 1995 1514 -1616 " 515,000 1996 1617 -1691 375,000 19 97 The net effect i ve interes t rate on this Series of Bonds is 5. 77485 '· The Refunding t~ater Bonds , Series 1978, maturing on and a fter Au gust 1 , 1988 , shall be redeemable prior t o their respec- tive maturity dates, at the option of the City, on August 1 , 1987 . and o n any interest payment date thereafter , i n inverse numerical order , upon payment of par and accrued interest. Notice of prior redemption of the P.efunding ~·l a t e r Bonds , Series 1978, shall be qiven by publicalion at least once in a l egal newspaper or newspapers custonarily used by the City for legal notices , not lc s~ than thirty (30) days prior to the redemption dale, and hy n iling a copy of the Notice of Redemp- tion by reqistcr,..d or c<"rtified !irstclass t:nitcd States mail , -11- • I • - • • • • • postage prepaid , to t he original purchaser o r to its successor , at l e ast thirty (30) days prior to the redemption da te. Such notice shall specify the place and date of redemptio n, the amount and numbers of the bonds called, and that from and after such da te interest on all bonds called for redemption shall cease. The Refunding \·later Bonds, S eries 1978, and the interest . coupons attached thereto shall be payable in lawful money of tbe United States of America, at The First National Bank of Englewood, Englewood, Colorado~ Section 2. The Refunding \·l ater Bonds, Series 1978, shall be signed with a facsimile signature of the Mayor of the City, with a facsimi le of the seal of the City affixed thereto, attested and countersigned by the manual signature of the Director of Finance , ex-officio City Clerk and Treasurer. The interest coupons attached to said bonds shall bear tbe facsimile signature of the Director of Finance, ex-officio City Clerk and Treasurer. and when issue d as aforesaid as part of said bonds, shall b e the binding obli gations of the City according to their import. Should any offi cer whose manual or facsimile signature appears on said bonds or the interest coupons attached thereto c e ase to be such officer before delivery of the bonds to the pur chaser, such manual or facsimile signature shall nevertheless be valid and sufficient for all purposes. Section 3. The Refunding l'laler Bonds, Series 1978, and tbe interest coupons attached thereto shall be in substan- tially the following form: -14- • I • • • • • - (Form of Bond) UNITED STATE S OF hllERICA STATE OF COLORADO COUNTY OF ARAPJ\JlOE CITY OF ENGLEWOOD GENERAL OBLIG.~TION REFUNDING I~ATER BOND , SERIES 1978 IJo . $5 ,000 The City of Englewood, in the County of Arapahoe and State of Colorado (herein the "City "), for val ue received, hereby acknowledges itself indebted and promises to pay to the b earer hereof the principal sum of FIVE THOUS AND DOLLARS in lawful money of the United States of Amer i ca , on the lst day of August , 19 with interest ther eon at the rate of ---------------------------------per centum ( _________ %) per annum, payable August 1 , 1979, and semi annually thereafter on the 1st d ay of Fe bruary and the lst day of August each year, as evidenced by i nterest coupons hereto attached, principal of and interest on this bond being payable at The First National Bank of Englewood , in Englewood , Colorado, upon presentation of said coupons and this bond as they severally become due. Bonds of this issue maturing on and after August 1, 1988, are redeemable at the option of the Ci ty on August 1, 1987, and on any interest payment date thereafter, in inverse numerical order, upon payment of par and acc rued interest . Notice of prior redemption shall be given as provided in the Ordinance authorizing this Bond. This bond is issued by t he City Council o f the Ci ty of E nglewood, Colorado, for the purpose of providing funds to ref und valid and outstanding Gener al Obligation Refunding l-later Bonds, Series 1975 , dated April 1, 1975 , and General Obligation Water Improvement Bonds , dated February 1, 1 9 78, unde r the authority of and i n f u ll con formity with the Constitution of the State of Colorado , and the Charter of said City, and pursuant to an Ordinance dul y adopted , published and made a law of said City prior to the issuance of this bond. It is hPreby furtheor certified, recited a nd \.,ar ranted that all the require~ents of law have been fully complied with -15- • I • • n • • • • by the proper officers of the City i n the issuance of this bond; that the total debt of the City, including that of this bond, does not exceed any limit of indebtedness prescribed by the Constitution or the Charter of the City; and that prov ision has been made for the application of the net revenues of the water system of the City and for the levy and collection of annual taxes on all of the taxable property in the Ci ty sufficient to pay the interest on and the principal of this bond when the same become due. The full faith and credit of the City of Englewood, Colorado, are hereby pledged for the punctual payment of the principal of and interest on this bond. IN TESTIHONY \·;HEREOF, the City Council of the City of Englewood, City, Colorado has caused this bond to be signed with the facsimile signature of the t-tayor of the City, sealed with a facsimile of the seal of the City, attested and counter- signed by the manual signature of the Director of Finance, ex-officio City Clerk and Treasurer, and the attached coupons to be signed with the facsimile signature of the Director of Finance , ex-officio City Clerk and Treasurer, as of the 1st day of August , 197 8 . (FACSIMILE SEAL) ATTESTED AND COUNTERSIGNED: D1rector o f Finance, ex-off~c~o City Clerk and Treasurer -16- (Facsimile Signature) Mayor • I • • • • • • (Form of Coupon) No. August, On the 1st day of February, 19 ___ , unless the bond to which this coupon is attached, if redeemable, has been called for prior redemption, the City of Englewood, in the County of Arapahoe and State of Colorado, will pay to bearer the amount shown hereon, in lawful money of the United States of America, at The First National Bank of Englewood, in Englewood, Colorado, being interest then due on its General Obligation Refunding Water Dond, Series 1978, dated August 1, 1978, bearing No. (Facsimile Signature) D~rector of F~nance, ex-offic~o City Clerk and Treasurer -17 - • I • • - r • • • • Sect ion 4.. \"/h e n said Refunding \-later Bo :tds have been duly execute d the Director of Finance is hereby directed to deliver the bonds to the purchaser t here of on receipt of the agreed purchase pr ice the refor . The proceeds of the Re- fund i ng 1'/ater Bonds, Series 1978, shall be used only f or the purpose stated the rein and for paying the costs and expenses incurred incidental t o the issuance of said Ref unding Water Bonds and for no other purpose whatever. Neither the purchaser of said bonds nor the subsequen t holder of any of them shall be responsible for the applica tion or di s posal by the City , or any of its officers, of any of the funds derived from the sale thereof. Section 5. If ne cessary , the interest and principal to become due on the Refunding h'ater Bonds, Ser i es 1978, in 1979 shall be advanced fro~ the water fund or any other fund of the City available therefor. For the purpose of r eimburs ing said advance and paying the interest on said Ref unding Wate r Bonds as the same shall become due , and providing for the ultimate payment and redemp tion of said Re fund ing Water Bonds, there shall be levied on all the taxable property of the City, in add i tion to all other taxes, direct annual taxes in e ach of the years 1978 to 1996, inclusive, sufficient to make s uch reimbursement and to p ay the i nterest on all of said Refunding Water Bonds, Series 1 9 78 , a nd the i nstallments of principal, as the same become due and payable, respectively. Said taxes, wh en collected, shall be deposited in a special f und to be known as "City of Englewood General Ob ligation Refund.ing \-later Bond Fund, Ser ies 1978", and the proceeds derived from said taxes shall be applied only to the paymenL of necessary costs and expenses of operating and maintain ing the water sys tem and to the payment of the interest and principal of the Refunding \-Jatcr Bonds, Series 1978, authorized h erein , and f or no other purpose whatsoever, until the indebtedness so contracted pursuant to this Ordi- nance. both principal and interest, shall h ave been fully pa id , satisfied and discharged. Nothing herein contained shall be so construed as to prevent the City from applying any other funds or revenues that may be in the City treasury and available for that purpose to the payment of said interest and principal , as the same respectively accrue or mature , and upon s uch payment the levy or levies herein provided may there- upon to that extent be diminished. -18- • I • • • • • • Section 6 . The sums herein provided to pay the interest on said Refunding \later Bonds and to disch arge the principal thereof when due , are hereby appropriated for that purpose , and said amounts for each yea r sha ll als o be i ncluded i n the annual budge t and appro priati on Ordinance and bills t o be a dopte d and passed by the City Council of said Ci ty in each. yea r , re spectively , until said Ref unding \Va ter Bonds have been fully paid , satisfied and discharged. S ection 7. Notwithstanding the foregoi n g provisions for tax l evies , the City hereby further covenants and a grees to extablish , mai ntain , collect and enforce a schedule o f rates , fee s, tolls and charges for connection to and u se of the water system of the City , wh ic.b schedule shall be sufficien t to a ssure tha t the revenue thereby produced , together with a _ny other funds which may be lawful ly available, and the proceeds of general ad valorem taxes , s h all pay all rea sonable costs and expenses o f operating and maintaining the water system and to pay the interest and principal of th e General Obliga t ion Ref unding Water Bonds, Series 1978, here in authorized, promptly as the same become due and payable, respectively4 Section B. It shall b e the duty of the City Council of said City, annually, at the time and in the manne r provided by law for levying other City taxes , if such action shall b e necessary to effectu ate the provisions of t his Ordinance, to ratify and carry-out t h e provisions hereof with referen ce to the levying and collection of taxes; and the City s hall levy, certi fy and collect such taxes i n the manner provided by law for the purpose of creating a fund f or the payment of the costs and expenses of operating and mainta ining the water system , and the payment of the principal of the Ref u nding liater Bonds and interest thereon, and such taxes when collected shall be kept for and applied only for such purpose , as hereinabove specified. Section 9. The proceeds derived from the sale o f the Refunding \..,ater Bonds , Series 1978, authorized herein in an amount not less than $8,455,000, plus cash in the amount of $ 432,173 , which amount includes $355,690.00 cash on hand of the City, the$ 176,483 premium paid the City for the Refunding Water Bonds , and the accrued interest on the bond s being refunded, shall be deposited with The ~irst llational Bank of Englewood , Englewood, Colorado (lhe "Bank") in a separate fund and escrow account hereby created and known as ''City of Engle wood , 1975 and 1978 Issues, Water Refunding Escrow -19- • I • • • • • • Acc ount" herein designated as the "Refund ing Escrow Account" or "Escrow .Account", whic h account shall at all tices be s uff icient, together with any interest to be der ived f rom the investment and any tempora ry r ein ves tment of the deposits or any part thereof only in direct obligation s o f , or the principal and interest of which obligations are unconditionally guaranteed by, the United States of P~erica, to p ay the p rincipal of and interest on the outstanding 1975 and 1978 Issues being refundeda as the same become due and payable under and in accordance with the following schedule: 197 5 Issue: Bonds numbered 299 to 820, inclusive, matur ing August 1, 1979 to August 1, 1984, inclusive, shall be paid and retired at their respective maturity dates according to their original terms at The First National Bank of Englewood, Englewood, Colorado . 1978 Issue: Bonds numbered 1 to 1340 , inclusive, maturing December 1, 1979 t o December 1, 1998, inclusive, shall be paid and retired at their respective maturity dates according to their o riginal terms at The First National Bank of Englewood, Englewood , Colorado . Interest on the outstanding bonds of the 1975 and 1978 Issues shall be paid as the same accrues, according to the original terms of said bonds, until said bonds ma ture. Section 10. The Bank shall invest the funds on deposit in the Refunding Escrow Account i n direct obligations of, or the p rincipal and interest of which obligations are unconditionally guaranteed by, the United States of America , and shall fully secure any cash balance in said Escrow Account in,the manner required by law for other trust funds. Section 11. If for any reason , at any time , the f unds on hand in such Refunding Escrow Account shall be insuf- ficient to meet the payments required as the same shall be about to become due and payable , the City Council of the City shall forthwith deposit in such Refunding Escrow Account such additional funds as may be required fully to meet the amount so about to become due and payable. Section 12. The Bank shall from time to time redeem all or a portion of the obligations in said Refunding Escrow Account in sufficient amounts so that the proceeds therefrom -20- • I • • • • • and the interest t .hereon as the same accrues will be sufficient to meet the interest requir~ents on the o utstanding bonds o f the 1975 and 197 8 Issues as such interest a cc rues , according to the schedule hereinabove set forth . Section 13. The Hayer and the Director of Finance,· ex-o ffici o City Clerk akd Treasure r o f the City shal l, and they are hereby authorized and directed to take all necessary or appro pria te action toward the execution of a proper Escrow Agreement with the Dank concerning the deposits in , investments of and disbursements from said r.efunCing escrow Account , and s uch other a g r eemen ts as may be necessary or d e sirable to effectuate the provisions of this Ordinance and comply with the requirements of law. Section 14. On or about the date when the Refunding \-late r Bonds , Series 1978, are de l ivered , or within a reasonable time thereafter, the Director of Finance is authorized and dire cted to publish a notice of refunding one or more times in a newspaper or newspapers customarily used by the City f or legal notices . Section 15. The City cove nants and ag rees that it will make no use of the proceeds of the bonds authorized herein which might cause such obl1gations to be arbitrage bonds within the meaning of Sect>on l03(c) of the I nternal Revenue Code of 1954 , as amended, and the Regu lations proposed and i n effect thereunder .. Section 16. That if any one or more section or part of this Ordinance shall be adJudged unenforceable or invalid, such judgment sh3ll not affect, impair or invalida te the re- maining provisions of this Ordinance, it being the intention that the various provision& hereof are severable. Section 17. All ordinances or parts thereof in conflict with th1s Ordinance are hereby repealed. Section 18. After said Refunding \later Bonds are issued, this Ordinance shall be and remain i rrepealable until said Refunding Water Bonds and the interest thereon have been fully paid , satisfied and discharged. Section 19. This Ordinance, as ado pted by the City Council , shall be number~d and recorded in the offici~l records of the City. Its ado ption and publication shall be authenticated by the signatures of the H~yor and the Director of Finance , -21- • I • • - • • • • ex-officio City Clerk and Treasurer, and by t he c erti ficate of publ ication. Section 20. This Ordinance shall take effect thirty (30) days after publication following final passage. (SEAL) A '!'TEST: ~.£-.. ~J~: ... ,.... D~rector of~ ex-officio City Clerk and Treasurer -22- • • I • • • • • • INTRODUCED AS A BILL BY COUNCILMAN A BILL FOR AN ORDINANCE AUTHORIZING THE SALE AND ISSUANCE OF GENERAL OBLIGATFJ:-1 REFUI'DING \·lATER BONDS, SERIES 1978 , IN THE P RI :-ICIPAL AHOUNT OF $8,455,000 OF Til£ CITY OF ENGLCiiOO D, COLORADO, FOR THE PU RPOSE OF REFUNDING GENERAL OBLIGATION REFUNDING WATER BONDS, SERIES 1975 , AND GENERAL OBLIGATION liATER UIPROVEMENT BO:-IDS , DATED FEBRUARY 1, 1978, OF THE CITY OUTSTA.'>IOI:-IG IN THE AGGREGATE Al'\OUNT OF $9,310,000; PROVIDING FOR THE EST•\BLISH~NT OF AN ESCROI~ ACCOUNT !'OR THE PAYMENT AND REDEMPTION OF TilE OU TSTANDING BONDS TO BE REFUNDED ; PROV I DING FOR THE LEV~ OF TAXES TO PAY SAID REFUNDING BONDS AND THE INTEREST THEREON ; AND PRESCRIBING OTHER DETAILS IN CONN ECTION THEREIIITH . VffiEREAS, the City of Englewood, 1n the Co unty of Arapahoe and the State of Colorado (the "C ity"), i s a political subdivision of the Btate , a body corporate and politic , and a home-rule city pursuant to Article XX of t h e State Constitution; and WHEREAS, the City , by Ordinances heretofore adopted and approved by its City Counc~l, has authorized the issuance of its General Obligation Refunding Nater Bonds, Series 1975, dated April 1, 1975, in the amount of $4,100,000 (the "1975 Iesue"'), and its General Obligation \\later Improvement Bonds, dated February 1, 1978, in the amount o f $6,700,000 (the "1978 Issue"); and WHEREAS, as of August 1, 1978, there remains outstanding of said 1975 Issue the amount of $2,610,000, being bonds numbered 299 to 820, inclusive, in the denomination of $5,000 each, bearing interest payable on Feburary 1 and August 1 each year, and matur~ng serially on August 1, as follows: Bond Numbers Interest Rate Amounts Years (All Inclusive) (Per Annum) Maturing Maturing 299 -382 5. 30% $420,000 1979 383 -~69 5.30% 435,000 1980 470 -561 5.30\ 460,000 1981 562 -656 5.30\ 47 5 ,000 1982 6 57 -756 5.30\ 500,000 1983 757 820 5.30\ 320,000 1984 and h~EREAS, bonds of said 1975 Issue maturing on and after August 1, 1983, are redeemable at the option of the City on August 1, 1982 , and on any interes t pa~ent date thereafter in inverse numerical order upon payment or par, accrued in terest and a premium of 1\ of p rincipal; and -11- • I • • • • • h'HEREAS , as of Augu st 1 , 1978, there remains outst.anding of said 1978 Issue the full amo un t thereof , b e ing bonds numbered 1 t o 1 ,340, inclu sive , ir. the denomination o f $5 ,000 each, bearing interest payable Dece~ber 1, 1978 and semiannaully thereafter on the 1st day of J une and the 1st day of December each year, and maturing serially on December 1, as follows: Bond Nwnbers Interest Rate Amoun ts Years (1111 Inclusive) (Per. 1\nnurn) Maturin9. P.!at uri!!9, 1 -36 6.0 0 ~ $1 80,000 1 979 37 -75 6.00% 1 95 ,000 1980 7 6 -116 6. 00% 20 5 ,000 1981 117-159 6.00% 215,0 00 1982 160 -205 6.00% 230 ,000 1983 206 -2 5 4 6.001 24 5 ,0 00 1 9 84 255 -306 5 . 00 % 260 ,000 1985 307 -361 4.90\ 275 ,000 1986 362 -4 19 4 .75\ 2 90,000 1987 420 -481 4 .75\ 310. 000 1988 482 - 5 46 4.80\ 325 ,000 1989 547 -615 4.80\ 345 ,000 1990 616 -688 4.90\ 365 ,000 1991 689 -7 6 6 4.90\ 390 ,000 1992 767 -848 5.00\ 410,000 1993 849 -935 5.00\ 4 35 ,000 1994 936 -1028 5 .00\ 46 5,000 1995 1029 -1126 5.00\ 49 0 ,000 1996 1127 -1230 5.00 \ 5 20,000 1997 1231 -1340 5.00\ 550 ,000 1998 and WHEREAS, bonds of said 1978 Issue maturing on and after December 1, 1988, are redeema ble at the O?tion of the City on June 1, 1988, and on any interest payment date thereafter , in inverse numerical ord er, upon payment of par and accrued interest; and WHEREAS, the City Council has determined that i t is necessary and in the best interests of the City that the 1975 and 1978 Issues, outstand i ng in the aggregate amount of $9 ,31 0,000 be refunded by the issuance of General Obligation Refunding Water Bonds , Series 1978 , in the amount of $8,455,000, resulting in a reduction of debt servic e and effecting other economies , all to the benefit of the City and its inhabitants , and in accordance with the City Charter; and Wl!EREAS , after published Notice of Sale, General Obli- gation Refunding t1ater Bonds, Series 197 8, in t h e principal amount of $8,4 55 ,000, were sold and awarded to---------------------------- of ----------------------------• the highest and best b idder there- fore , such bid being hereby accepted. -12- • I • • • • • BE I T O!UJAINED BY THE CITY COUNCIL OF THE CITY OF ENGLElvOOD , COLORADO: Section 1. That f or the purpose of providing funds wi th which to refund and pay $2,610,000 of >ts 1975 Issue and $6,700,000 of its 1978 Issue above described, the City of Englewood . Colorado, s hall issue its General Ob ligation Re- funding \\later Bonds , Series 1978, in the principal a l'!l.ount of $8,455,000. Said Refunding \~ater Bonds shall be dated August 1, 1978; shall cor.sist of 1,691 bonds in t he denomi nation of $5,000 each , numbered 1 to 1691 , inclus ive ; shall bear interest payable on August 1, 19 79, and semiannua lly thereafter on the 1st day of February and the 1st day of August each year , and shall mature s erially on Augus t l, as fol lows : is Bond Numbers (All Inclusive) 1 -109 110 -230 231 ·-358 359 -492 493 -634 635 -743 744 -792 793 -844 845 -899 900 -959 960 -1022 1023 -1091 1092 -1164 1165 -124 3 1244 -1327 1328 -1416 1417 -1513 1514 -1616 1617 -1691 Interest Rat.e {Per Annum) Amounts t-1aturing $5 45,000 605,000 640,000 670,000 710 ,000 5 45,0 11 0 2 4 5 ,000 260,000 275,000 300,000 3 1 5 ,000 345,000 365,000 395,0 00 420,000 44 5 ,0 00 48 5,000 515,000 37 5 ,000 Years ~a turing 1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1 993 1994 199 5 1996 1997 The net effective interest rate on this Series of Bonds _______ %. The Refunding \iater Bonds, Series 1978, maturing on and after August 1, 1988, shall be redeemable prior to their respec- tive maturity dates, at the option of the City, on August 1, 1987~ and on any interest payment date thereafter, in inverse numerical order, upon pa)~ent of par and accrued interes t. Notice of prior rcUemption of the Refunding \•later Bonds, Series 1978, shall be given by publication at least once in a l ega l newspaper or newspapers custoMarily used by the City for legal notices, not less than thirty (30) days prior to the redemption date , and hy nailing a copy of the Notice of Redernp- t.ion by reqisterPd or c<•rtified firstclass United States mail, -11 - • I • • • • • • postage prepaid, to the original purchaser or to its successor , at least thirty (30) days prior to the redemption date . Such notice shall specify the place and date of redemption, the amount and numbers of the bonds called, and that from and after such date interest on all bonds called for redemption shall cease. The Refunding \"later Bonds, Series 1978, and the interest. coupon& attached thereto shall be payable in lawful money of the United States of America, at The First National Bank of Englewood, Englewood, Colorado. Section 2. The Refunding \·later Bonds, Series 1978, shall be signed with a facsimile signature o f the Mayor of the City, with a facsimile of the seal of the City affixed thereto, attested and countersigned by the manual signature of the Director of Finance , ex-o fficio City Clerk and Treasurer. The interest coupons attached to said bonds shall bear the facsimile signature of the Director of Finance, ex-officio City Clerk and Treasurer, and when issued as aforesaid as part of said bonds, shall be the binding obligations of the City according to their import. Should any officer whose manual or facsimile signature appears on said bonds or the interest coupons attached thereto cease to be such officer before delivery of the bonds to the purchaser, such manual or facsimile signature shall nevertheless be valid and sufficient for all purpo-s. Section 3. The Refunding 1'1ater Bonds, Series 1978, and the interest coupons attached thereto shall be in substan- tially the following form: -14- • I . • • • - (Fom o f Bond ) UN I TED STATE S OF Al'!ERICA STATE OF COLO RA DO CO UNT Y OF ARAPAHOE CI TY OF ENGLEWOOD GE NE RAL OB L IG.~T I ON REFUND I NG \VATER BON O, SERIES 197 8 No . $5 ,0 00 Th e City of Englewood , i n the Co unty o f Arapa h o e a nd State of Col o r ado (herein t h e "City "), for value r e c eived, h e r e by acknowledges itself indebted and p romise s to pay t o the b e are r here o f t he principal sum o f FIVE THOUSAND DO LLARS i n lawful mo n e y o f the Uni ted State s o f Ame rica , o n the 1 s t d a y o f Aug u st , 1 9 ___ with i n t eres t t h e reon a t the r a t e o f ---------------------------------per c e n tum ( \) per ann um, payable 1\ug ust 1 , 1979 , a nd semi ann ually t hereafter on the 1st d a y of Fe bruary a nd the 1st day of Au g u st each year, as evidenced b y inte r est coupons heret o attached, pr i ncipal of and interest on t h i s bond b e ing paya ble at The First ~ati onal Bank o f Englewood , i n Eng l e wood , Co l orado , upon presenta tion of sa id coupons and thi s bond as they s e vera lly become due. Bonds o f this i s sue maturin g on and aft er August 1, 1988, are redeemable at the option of the Ci t y on August 1, 1987, a nd on any intere st payment da te ther e a f te r , in i nverse numeri cal ord e r , upon payme n t of par and accrued i n terest . No tice of p r ior r edemption s h all be given a s p rovided in the Ordi nanc e authorizing this Bond . This bond is issued by the City Counc il of the Ci ty o f Englewood, Colorado, for the purpose of provid i ng f unds to refund valid and outstanding Gene ral Ob l igation Refund ing \-l ater Bonds , Series 1975 , dated April 1, 1975 , and General Obliga t i on Water tmprovenent Bonds , dated February 1, 197 8, unde r the author~ty of and in full conformity with the Constitut i on o f the Sta e of Colorado , and the Charter of said City , and pursuant to an Ordinance duly adopted , published and ma d e a law of said Ci y prior to the issuance of t his bond. It is hPreby further certified , recited a nd '"arran ted that all the requirements of law have been fully complie d wi th -15- • I • ( • • • • by the proper officers of the City in the issuance of this bond; that the total debt of the City, including that of this bond, does not exceed any limit of indebtedness prescribed by the Constitution or the Charter of the City; and that provision has been made for the application of the net revenues of the water system of the City and for the levy and collection of annual taxes on all of the taxable property in the City sufficient to pay the interest on and the principal of this bond when the same become due .. The full fai th and credit of the City of Englewood, Colorado, are hereby pledged for the punctual payment of the principal of and interest on this bond. IN TESTINOIIY I·;HERJ:OF , the City Council of the City of Englewood, City, Colorado has caused this bond to be signed with the facsimile signa ture of the l-1ayor of the City, sealed with a facsimile of the seal of the City, attested and counter- signed by the manual signature o f the Director o f Finance , ex-officio City Clerk and Treasurer, and the attached coupons to be signed with the facsimile signature of the Director of Finance# ex-officio City Clerk and Treasurer, as of the 1st day of August, 1978. (FACSIMILE SEAL) ATTESTED liND COUNTERSIGNED: (Do Not Sign) D1rector of F1nance , ex-off1c10 City Clerk and Treasurer -16- (Facsimile Signature) Mayor • I • • n ( .. • • • • (Foil'! of Coupon) No. August, On the lst day of February , 19 ___ , unless the bond to which this coupon is attached , if redeemable , has been called f or prior redemption, the City of Englewood, in the County of Arapahoe and State of Colorado, will pay to bearer the amount shown hereon, in lawful money of the United States of America, at The First National Bank of Englewood , in Englewood, Colorado, being interest then due on its General Obligation Refunding Water Dond, Series 1978, dated August 1 , 1978 , bearing No. (Facsimile Signature) D1rector of F1nance, ex-offic1o City Clerk and Treasurer -17- • • I . ( • • • ,. • Section 4. h'hen said Refunding Nater Bo :1ds have been duly e xecuted the Director o f Finance i s hereby directed to deliver the bond s to the p urchaser thereof on receipt of the agreed purchase pr i ce therefor . The proceeds of the Re- funding liater Bon ds , Series 1978, shall b e used only for the purpose stated therein and f or paying the costs a nd expen ses incurred incidental to the issuance of sai d Refunding \'later Bonds and for no other purpose whatever . Neither the p urchaser of s aid bonds nor the subsequent holder of any of them shall be responsible for the applica t i on or disposal by the City , or any of its officers , of any of the funds derived fro m the sale thereof . Section 5. If necessar y , the interest and principal to become due on the Refunding \'Jater Bonds , Series 1978 , in 1979 shall be advanced fro ~ the wa t er f und or any other f und of the City available therefor. For the purpose of reimbursing said a d vance and paying the interest on said Refund ~ng Water Bonds as the same shall become due , and providing for the ultimate payment and redemption o f said Refundi n g Water Bonds , there shall be levied on a l l the taxable property of the City , in addition to all other taxes, direct annual taxes in e ach of the years 197 8 to 1996, inclusive, sufficient to make such reimbursement and to p ay the i nterest on all of said Refundinq Water Bonds, Series 1978, and the installments of principal, as the same b ecome due and payable, respectively. Said taxes , wh e n colle cted, shall be deposited in a special fund to be known as "City of Englewood General Obligation Refunding liater Bo nd Fund, Series 1978", and the proceeds derived from said taxes shall be applied only to the payment of necessary costs and expenses of operating and maintaining the water system and to the payment of the interest and principal of the Refunding Water Bonds, Series 1978, authorized herein, and for no other purpose whatsoever, until the indebtedness so contracted pursuant to this Ordi- nance, both principal and interest, shall have been ful ly paid , satisfied and discharged. Nothing herein contained shall be so construed as to prevent the City from applying any other f und s or revenues that may be in the City treasury and available for that purpose to the payment of said interest and principal , as the same respectively accrue or mature , and upon such payment the levy or levies herein provided may there- upon to that extent be diminished. -18- • I • ( • • • - Section 6. The sums herein provided to pay the interest on s aid Refunding \'late r Bonds and to discharge the principal thereof when due , are h e r eby appropriated for that purpose, and said amounts f or each year shall al so be included in the annual budget and appropriati o n Ordinance and bills to be adopted and passed b y the City Council of said City in each. year., respective ly .. until said Refunding h'ater Bonds have been fu lly paid , satisfied and dis charged. S ection 7. No t withstanding the f o regoing provisions for tax l evies , the Ci ty hereby further covenants and a grees to extablish, maintain , collect a n d enforce a schedule of rates, fees, tolls and charges for connection to a nd use of the water system of the City .. which schedule shall be sufficient to assure that the revenue thereby produced, together with any other funds which may be lawfully available, a nd the proceeds of general ad valorem taxes, s hall pay all reasonab le cos ts and expenses of operating and maintaining the water system and to pay the interest and principal o f the Gen eral Obligation Ref und ing Water Bonds , Series 1978, herein authorized, promptly as the same become due and payable, respectively. Section 8 . It s hall be the duty of the City Council of said City, annually, at the time and in the manner provided by law f or levying other City taxe s, if such action shall b e n ecessary to effectuate the provis ions of this Ordinance, to ratify and carry-out the provisions hereof with reference to the levying and collection of taxes; and the City shall levy, certify and collect s uch taxes in the manner provided by law for the purpose of creating a fund for the payment o f the costs and expenses of operating and mainta ining the water system, and the payment of the principal of the Refunding l~ater Bonds and interest thereon , and such taxe s when collected shall be kept for and applied only for such purpose, as hereinabove spec ified. Section 9. The proceeds derived from the sale of the Refunding \vater Bonds , Series 1978, a uthorized herein in an amount not less than $8 ,455,000, plus cash in the amount of S , which amount includes $355,690 .00 cash on hand of the City , the S premium paid the City for the Refunding Water Bonds , and the accrued interest on the bonds being refunded , shall be deposited with The First Uational Bank of Englewood , Englewood , Colorado (the "Bank") in a separate fund and escrow account hereby created and known as "City of Englewood, 1975 and 1978 Issues, Water Refunding Escrow -19- • I • • • • • • Account" herein designated as the "Refunding Esc row Account" or "Escrow Account", which acco unt shall a t all tit:les be su ffici e nt, together with any interes t to be d e r ived fro m the investment and any temporary reinvestmen t of the deposits or any part thereof on ly in direct ob ligations of , or the principal and interes t of which ob ligations are unconditionally guaranteed by , the United S t ates of P~erica, to pay the principal o f and interest on the outstanding 1975 a nd 1978 Issues being refunded. as the same become due and payable under and in accordance with the fo llow ing schedule: 1975 Issue: Bonds numbered 299 to 820 , inclusive, matur ing August 1, 1979 to August 1, 1984 , inclusive, sh all be paid and retire d at their respective maturity dates according to their original terms at The First National Bank of Englewood, Englewood, Colorado. 1978 Issue: Bonds numbered 1 to 1340, inclusive , ma turing December 1, 1979 t o December 1, 19 98, i nclusive , shall be paid and retired at their respective maturity dates according to thei r original terms at The First National Bank o f Englewood, Englewood, Colorado. Interest on the outstanding bonds of the 1975 and 1978 Issues s hall be paid as the same accrues , according to the original terms of said bonds, until said bonds mat ure. Se ction 10. The Bank shall invest the funds on deposit in the Refunding Escrow Account in direct obligations of, or the principal and interest of which obligations are unconditionally guaranteed by, the United States of America , and shall fully secure any cash balance in said Escrow Account in.the manner required by law for other trust funds. Section 1~. If for any reason. at any time, the funds on hand in such Refunding Escrow Account shall be insuf- ficient to meet the payments required as the same shall be about to become due and payable , the City Council of the City shall forthwith deposit in such Refunding Escrow Account such additional funds as may be required fully to meet the amount so about to become due and payable. Section 12. The Bank shall from time to time redeem all or a portion of the obligations in said Refunding Escrow Account in sufficient amounts so that the proceeds therefrom -20- • I • • ( • • • and the ~n terest th ereon as the same accrues wi ll be sufficient to meet the interest r eq uirewents on the outstanding bonds o f the 1975 and 1978 Issues as such interest accrues , according to the schedule hereinabove set forth. Section 13.. The 1-tayor a nd the Director of F ina nee, · ex-officio City Clc~k akd T~easu~e~ o f the City shall, and they are hereby authorized and directed to take all necessary or appropriate action toward the execution of a proper Escrow Agreement with the Dank concern ing the depo sits in , investments of and di sbursements from said ~efunding es c row Account, and s uch other agreements as may be necessary or d e sirable to effectuate the provisions of this Ordinance and comply with the requirements of law. Section 14 . On or about t he date when the Refunding Water Bonds , Series 1978, are deliver ed , or within a reasonable time thereafter, the Director of Finance is authorized and directed to publish a notice of refunding one or more t imes in a newspaper or newspapers customarily used by the Ci t y for l eg al notices . Section 15. The Ci t y covenan ts and agrees that it will make no use of the proceeds of the bonds authorized herein which might cause such obligations to be arbitrage bonds within the meaning o f Section l03(c) of the I nte~na l Revenue Code of 1954, as amended, a nd the Regu lations proposed and in effect thereunder. Section 16. That if any one or more section o r part of this Ordinance shall be adjudged unenfo~ceable or invalid, such judgment shall not affect, impair or invalidate the re- maining provisions of this Ordinance, it being the intention that the various provisions hereof are severable. Section 17. All ordinances or parts the~eof in conflict with this Ordinance are hereby repealed. Section 18 . After said Refunding lvater Bonds a~e issued, this O ~dinance shall be and remain irrepealable until said Refunding Water Bonds and the interest thereon have been fully paid, satisfied and discha~ged . Section 19. This O~dinance , a s adopted by the City Council, shall be numbered and recorded i n the official records of the City. Its adoption and publication shall be authenticated by the signa ures of the Hayer and the Director of Finance , -21- • I • • - • ( • • • • ex-officio City Clerk and Treasurer, and by the c ertificate of publication. S e ction 20. This Ordinance shall tak e effect thirty (30) days after publication following final passage. INTR ODUCED AS A BILL this 3rd day of July, 1978. (SEAL) ATTEST: Director of Finance, ex-officio City Clerk and Treasurer -22- ~layer • I • • ( ( { • • • INTRODUCED AS A BILL BY COUNCILMAN A BILL FOR AN ORDINANCE AUTHORIZING TH E SALE AN D ISSUANCE OF GENERAL 03LIGATI0:>1 llEFUf';DING I·IATER BONDS , SERIES 1978 , IN THE PRI:>ICIPAL M10UNT OF $8,455 ,0 00 OF THE CITY OF ENGL!:HOOD , COLO RA DO, FOR THE PURPOSE OF REFUNDING GENERAL OBLIGAT ION REFUNDING WATER DONDS , SERIES 1975 , AND GENERAL OB LIGATION HATER HIP ROVI:MENT BO:>IDS, DATED FEBRUARY 1, 197 8, OF THE CITY OUTSTANDING IN THE AGGRE GATE AMOUNT OF $9,310,000; PROVIDING FOR THE EST•\BLISH~NT OF AN ESCP.Oii ACCOUNT FOR THE PAYNENT AND REDE~IPTION OF TilE OUTSTAN DI:>G BONDS TO BI: REFUNDED; PROVIDING FOR THE LEVY OF TM(ES TO PAY SAID REFUNDING BONDS AND TH E INTEREST THEREON ; AND PRE SCR IBING OTHE R D!:TAILS IN CONNECTION THEREWITH . •rnEREAS, the City of Englewood , in the County o f Arapahoe and the State of Colorado (the "C>ty"), is a political subdivision of th e State, a body corporate and politic , and a home-rule city pursuant to Article XX of the State Constitu tion; and WHEREAS , the City , by Ordinances heretofore adopted and approved by its City Coun cil , has authorized the issuance of its General Obligatjon Refunding Nater Bonds , Series 1975, dated April 1, 1 975 , in t he amount of $4,100,000 (the "1975 Issue"), and its General Obligation \Vater Ir.tprovement Bonds , dated February l, 19 78 , in the amount of $6,700 ,000 (the "1978 Issue"); and \•IHEREAS , as of August 1, 197 8, there remains outstanding of said 1975 Issue the amount of $2,6 10 ,0 00 , being bonds numbered 299 to 820, inclusive , in the denomination of $5 ,000 each , bearing i nterest payable on Feburary l and August l each year, and maturing serially on Augus t 1, as follows: Bond Numbers Interest Rate Amounts Years (All Inclusive) (Per Annum) Maturing, Mil turing, 299 -3 82 5.30% $420 ,000 1979 383 -469 5.30\ 435,000 1980 470 -561 5.30\ 460,000 1981 562 -656 5.30\ 475,000 1982 6 57 -756 5.30% 500,000 1983 7 57 -820 5.30% 320,000 1984 and 1\'HEREAS, bonds of said 1975 Issue mat ur i ng on and after August 1, 1983 , are redeemilble at the option of the City on August l, 1982, and on any interes paYMent date thereafter in inverse num~rical order upon payment of par , accrued interest and a premium of 1\ of pr1ncipa1; and -11- • I • • ( ( • • • - WHEREAS , as of August 1 , 197 8,. t h e r e remain s ou t s tanding o f said 1978 Issue the full amount thereof , being bond s numbered 1 t o 1 ,34 0, inclusive, in the denominat i o ~ o f $5 ,0 0 0 e ach, bearing i nteres t payable December 1 , 197 8 and semiannaully the rea f ter on the 1st day of June and t he 1st d ay o f De cember e a ch y e ar, and ma turing serially on December 1 , as f o llows : Bond Nu...,bers Interest Rate Ar:lounts Yea r s (All InclUS lVe) (Per Annum) Maturing: ,.l at uri!!9_ l -36 6 .00~ $180 ,0 0 0 1 97 9 37-75 6.00\ 195 ,000 1980 76 -116 6 .00\ 205 ,0 00 1981 117-159 6.00\ 215 ,000 1982 160 205 6 .00 \ 2 30 ,000 1983 20 6 -25 4 6 .00\ 245 ,00 0 1 9 84 255 -306 5 .00\ 260,000 1985 307 -361 4.90\ 275 ,000 1986 362 -419 4.75\ 29 0,00 0 1987 420 -48 1 4 .75\ 3 10,00 0 1988 482 -5 46 4 .8 0\ 32 5 ,0 00 1989 547-615 4.80\ 34 5 ,000 19 9 0 616 -68 8 4.9 0 \ 3 6 5,0 00 1 9 91 68 9 -766 4.90\ 3 9 0 ,000 1992 767 -848 5 .00 \ 4 10 ,000 1993 84 9 -93 5 5.00\ 4 35 ,00 0 1994 936 -1 0 2 8 5.0 0 \ 46 5 ,000 1995 1 0 2 9 -11 2 6 5.00\ 4 9 0,000 1996 1127 -12 3 0 5 .00\ 5 20,000 1997 1231 -1340 5 .00\ 5 5 0,000 1998 and WHEREAS, bonds of sa id 1 9 78 Issue maturing on and a f ter December 1, 1988, are redeemable at the o ption of the City on June 1, 1988, and on a n y in t erest payment date t h e reafter, in inverse numerical order, up on p a yme nt of par and accrued interest ; and WHEREAS, the Ci t y Council h a s de termined that it is n e c essa ry and i n the best interests of the City that the 197 5 a nd 1 9 7 8 Issue s . o utstanding in the aggregate amoun t of $9 ,310,00 0 be refunded by the issuance of General Obligati on Refunding Water Bonds , Series 1978, in the amoun t of $8 ,4 55 ,000, resulting in a reduction of debt servic e and effecting other economies , all to the benefit of the City and its inhabitants, and in accordance with the City Charter; and WHEREAS , after published Notice of Sale, General Ob li- gation Refunding ~later Bonds, Series 197 8, in the principal amount of $8,455 ,000 , were sold and awarded to---------------------------- of , the highest and best bidder t here- fore , such bid being hereby accepted. -12- • I ( • • • - llE: I'r ORDAINED BY THE CITY CO U:>IC IL OF THE CITY OF ENGLE\;000 , COLORADO: Section 1. That f or the purpose of p roviding funds wi t h wh ich t o refund and pay $2 ,610 ,000 of 1ts 1975 Issue and $6 ,700 ,000 of its 1978 Issue a bove described, the City of Englewood . Colorado , shal l issue its General Obligation Re- f unding \-J'ater Bonds, Series 1978, in the P=l.ncipal a r.1ount of $8,455,000. Said Refunding \;atcr Bo nds s hall be dated Aug ust 1, 1978; s hall cons i st of 1,69 1 bonds in t he deno mination of $5 ,000 each, numbered 1 Lo 1691 , inclusive; shall bear interest payable on August 1 , 1979 , and semiannually the reafter on the 1st day of Februar y a nd the lst day of Augus t each year, and shall ma tu re serially on Aug ust 1, as follows : is Bond Numbers (All Inclusive) 1 -109 110 -230 231 -35 8 359 -492 493 -634 635 -743 744 -792 793 -844 845 -899 900 -959 960 -1022 1023 -1091 1092 -1164 1165 -124 3 1244 -1327 1328 -1416 1417 -1513 1514 -1616 1617 -1691 Interes t Ra._c (P<>r Annum) Amounts Haturing $545,000 605 ,000 640,000 6 70 ,000 710,000 545,0 i 0 2 45 ,000 260,000 275,000 300 ,0 00 315,000 345,000 365,000 395,000 420,000 445,000 48 5 ,000 515 ,000 375,000 Year s r-taturinq 1979 1 980 1981 1982 1983 1984 1985 1986 1987 1988 19 8 9 1990 1991 1992 1993 1994 1995 1996 1997 The net effective interest rate on this Series of Bonds -------'· The Refunding Natcr Bonds, Series 1978, maturing on and after August 1, 1988 , shall be redeemable prior to their respec- tive maturity dates , at the option of the City, on August 1, 1987 . and o n any lntPrcst paympnt date thereafter, in inverse numerical order, upon payment of par and accrued inter est. Notice of prior reuemption of the Refunding \·l ater Bonds , Series 1978, shall be given by publication at least once in a legal newspaper or newspapers cusloMarily used by he City for l<>gal notlces , not less than hirty (JO) days prior to the rcrternption dale , and hy n iling a C"Opy of the Notice of Re denp- i on by reqisternd or cPrtified !irstclass ·ni C'd States mail, -ll - • I • - • • • • postage prepaid, to ~he origLnal purchaser or to its successor, at least thirty (30) days prior to the redemption date. Such notice shall specify the place and date of redemption, the amount and numbers of the bonds called , and that from and after such date i nterest on all bonds called for redemption shall cease. The Refunding \·later Bonds, Series 1 97 8, and the interest• coupons attached thereto shall be payable in lawful money of the United States of America, at The First IJationa.l Bank of Englewood, Englewood, Colo rado . Section 2. The Refunding \·later Bonds, Series 1978, shall be signed wi th a facsimile signature of the Mayor of the City, with a fa csimile of the seal of the City affixed thereto, attested and countersigned by the manual signature of the Director of Finance, ex-o fficio City Clerk and Treasurer. The interest coupons attached to said bonds shall bear the facsimi le signature of the Director of Finance, ex-officio City Clerk and Treasurer , and when issue d as a f oresaid as part of said bonds, shall be the b inding obligations of the City according to their import. Should any o fficer whose manua1 or facsimile signature appears on said bonds or the i nterest coupons attached thereto c e a se to be such officer before delivery of the bonds to the purchaser, such manual or f ac simile s i gnature shall nevertheless be v alid and sufficient for a ll purposes. Section 3. The Refunding ~la ter Bonds, Serie. 1978 , and tbe i nterest coupons attached thereto shall be i n substan- tially the f ollowing form: -14- • I . • • • • - (Form of Bond) UNITED STATES OF ANERI CA STATE OF CO LORADO COUNT Y OF ARAPAHOE CITY OF ENGLEWOOD GE NE RAL OBLIG .Z..T ION REFUNDING WATER BONO, SERIES 197 8 No . $5,000 The City of Englewood , in the Cou nty of Arapahoe and State of Colorado (herein the "Ci ty "), for value r e ceived , hereby acknowledges itself indebte d and promises to pay to the b e arer hereof the principal sum of FIVE THOU SAND DOLLARS i n law ful money of the United States of Ame rica, on the 1st day of August, 1 9 , wi th interest thereon a t the rate of ---------------------------------per centum ( _________ %) per annum, payable nugust 1, 1979, and semiannua lly thereafter on the 1st day of February and the 1st day of August each year, as evidenced by inter est coupons hereto attached, principal of and interest on this bond being payable at The First Na tional Bank of Eng lewood , in Englewood , Colorado , upon presentation of said coupons and thls bond as tbey severally become due. Bonds of this issue matu ring on a nd after August 1, 1988, are redeemable at the option of the City on August 1 , 1987, and on any interest payment da te thereafter , in inverse numerical order, upon payment of par and accrued in terest . Notice of prior redemption shall be given as provided in the Ordinance authorizing lhis Bond. This nd is issued by the City Council of the City of Engle , Colorado, for the purpose of providing funds to refund valid and outstanding General Obligation Refunding Nater Bonds , Series 1975, duted April 1, 1975, and General Oblig tion Water ImproveMent Bonds, dated February 1, 1978, under the authority o! and in full conformity with the Constitution of the State of Colorado , and the Charter of said City, and pursuant to an Ordinance duly adopted, published and made a law of said Cily prior to lhe issuance of this bond. Tl is hPreby further cer ified, recited and warranted that all he rcquir~rents of low have been fully complied with -15- • / I • • • • • • by the proper officers of the Ci ty in the issuance of this bond; that the total debt of the City, including that of this bond, does not exceed any limit of indebtedness prescribed by the Constitution or the Charter of the City; and that provision has been made for the appli cat i on of th~ net revenues of the water system of the City and for the l evy and colle ction o f annual taxes on all o f the taxable property in the Ci t y sufficient to pay the interest on and the principal of thi.s bond when the same become due. The full faith and credit of the Ci ty of Englewood, Colorado, are hereby pledged for the p unctua l payment of the principal of and inter est on this bond. IN TESTHIO~ t:HERI:OF, the City Council of the City of Englewo od, City, Colorado has caused this bond to b e signed with the facsimile signature of the r-1ayor of the City, sealed with a facsimile of the seal of the City, attested and counter- signed by the manual signature of the Director of Finan ce , ex-officio City Clerk and Tr easurer, and the attached coupons to be signed with the f acsimile signature of the Director of Fi nance, ex-officio City Clerk and Treasurer, as of the lst day of August, 1978. (FACSIMILE SEAL) ATTESTED AND COUN TERSIGNED: (Do Not Sign l D~rector of F1nance, ex-officio City Clerk and Treasurer -16- (Facs imile Signature) Mayor • .I I • • • • • • (Form of Coupon) No. August, On the 1st day of February, 19 ___ , unless the bond to which this coupon is attached, if redeemable, has been called for prior 'r e demption , the City o f Englewood, in the County of Arapahoe and State of Colorado, will pay to bearer the amount shown hereon, in law ful money of the United States of Americ a, at The First National Bank of Englewood , in Englewood, Colorado , b eing inter est then due on its General Obligation Refunding Water Dond, Series 1 978, dated August 1, 1978, bearing No . (Facsimile Signature) D1rector of Ftnance, ex-offic1o Ci ty Clerk and Treasurer -17- • , I • • -• • - Section 4 . When said Refunding \'Jater Bo :1 ds have been du l y exec uted the Director o f Finance is hereby directed t o deliver the bonds to the purchaser thereo f on receipt o f the agreed p urchase price there f o r. The proceeds of t he Re- fundi n g Nate r Bonds , Series 19 78, s ha ll be used o n ly for the purpose s tate d therein and fo r paying the c osts and expenses incurred inc i dental to the issuance o f said Refunding Water Bonds a n d f or no o ther purpose whatever. Neither the purchaser o f said bonds nor the subsequent holder of a ny of them shall be respo nsible for the applicatio n or disposal b y the City , o r any of its officers , of any o f the funds derived from the sale thereo f . Section S. If necessary, the interest and prin cipal to become due on the Refunding \\later Bo nds , Series 19 78 , in 1979 shall b e advanced fro~ the water f und o r any o t her f und of the City available therefor. For the purpose of reimburs ing s a id advance and paying the interest o n said Ref u ndi n g Wate r Bonds as the same shall become due , and providin g for the ul timate p a yment and redemp t ion of said Refund ing \-later Bonds, there shall be levied on all the taxable p r operty of the Ci t y , in a ddition t o all othe r taxes , d ire c t annual t axes in e ach o f the years 1 978 t o 199 6, i nclus ive, s uf fic ient to make such reimbursement and to pay the i nterest on a l l o f said Refun ding Water Bonds, S erie s 1978 , a nd the i nstal lments of pri nc ipal , as t he s ame b ecom e d u e and payable , respecti vely . S aid taxes , when collecte d, s hall b e dep osi t ed in a specia l fund to be known as "City of En g lewo od Gen e ral Obligation Refuncling Hater Bond Fund, Series 1978 ", and t he proceeds derived from said taxes shall be applied only to the paymenl of necessary costs and expenses of operating and maintaining the water system and to the payment of the interest and principal of the Refunding liater Bonds, Series 1978, authorized h erein, and for no other purpose whatsoever, until the indebtedness so contracted pursuant to this Ordi- nance, both principal and interest, shall have been fully pa id , satisfied and di scharged. Nothing herein contained shall be so construed as to prevent the City from applying any other funds or revenues that may be in the City treasury and available for that purpose to the payment of said interest and principal , as the same respectively accrue or mature, and upon such payment the levy or levies herein provided may there- upon to that extent be diminished. -18- • .I I • • • • • Section 6~ The sums herein provided to pay the interest on said Refunding \later Bonds and to discharge the principa l thereof when due, are hereby appropriated for tha t purpose , and said amounts for each yea r shall also be included in the annual budget and appropriati on Ordinance and bills t o be adopted and passed by the City Council of said City in each. yc.ar , respectively, until said Refunding \Va ter Bonds have been fully paid, satisfied and dis charged . S ection 7. ~otwithstanding the foregoi ng provisions for tax levies, the City hereby further covenants an d a grees to extablish, maintain , collect and enforce a schedule of rates, fees , t olls and charges for connection to and use of the water system o f the City , which schedule shall be sufficient to assure that the revenue thereby produced , together with any other funds which may be lawfully available, a nd the proceeds of general ad valorem taxes, shall pay afl reasonable costs and expenses o f operating and main ta ining the water system and to pay the interest and principal of the General Obligat~on Refunding Water Bonds, Series 1978 , herein authorize6, promptly as the same become due and payable, r espectively. Section 8 . It shall be the duty of the City Council of said City, annually , a t the time and in the manne r provided by law fo r l evying other City taxes , if such action shall b e rtecessary to effectuate the provisions of this Ord~nance , to ratify and carry-out the provisions hereof with reference to the levying and collection of taxes; and the City shal l levy, certify and collect such taxes in the manner provided by law for the p urpose of creating a fund for the payment of the costs and expenses of operating and maintaining the water system, and the payment of the principal of the Refunding l~ater Bonds and interest thereon, and such taxes when collected shall be kept for and applied only for such purpose, as hereinabove specified. Section 9. The proceeds derived from the sale o f the Refunding \·]ater Bonds, Series 1978, authorized herein in an amount not less than $8,455,000, plus cash in the amount of $ , which amount includes $355,690.00 cash on hand of the City , the $ pre~ium paid the City for the Refunding Water Bonds, and the accrued interest on the bonds beinq refunded, shall be deposited with The First National Bank: of Englewood, Englewood , Colorado (the "Bank") in a separate fund and escrow account h ereby created and known as "City of Englewood, 1975 and 1978 I ssues , Water Refunding Escrow • I I • • • • • Account" herein designated as the "Refunding Es crow Account" or "Es crow Account", which account shall at all ti1.1es be sufficient, together with a ny intc~est to be derived from the investment and any t empora ry r einves tment of the deposits or any part thereof only in direct obligations o f , or the principal and interest of which obligations are unconditionally guaranteed by, the United S t ates of ~~erica, to p ay the principal of and interest on the outstanding 1975 and 1978 Issues being refunded. as the s ame become due and payable under and in acco rdance with the following schedule: 1975 Issue: Bonds numbered 299 to 820 , inclusive, maturing August 1, 1979 to August 1, 1984, inclusive, sh all be paid and r eti r e d at their respect i ve maturity dates according to their original terms a t The First Nat ional Bank of Englewood, Englewood , Colorado. 1978 Issue: Bonds numbered 1 to 1340, inclusive, maturing December 1, 1979 t o December 1, 1998, inclusive, shall be paid and retired at their respective maturity dates according to their original terms at The First National Bank of Englewood, Englewood, Colorado. Interest on the outstanding bonds of the 1975 and 1978 Issues shall be paid as the same accrues, accor ding to the original terms of said bonds, until said bonds mature. Se ction 10. The Bank shall invest the funds on deposit i.n the Refunding Escrow Account in direct obligations o f , or the principal and interest of which obligations are unconditionally guaranteed by, the United St ates of America, and shall fully secure any cash balance in said Escrow Account in.the manner required by law for other trust funds. Section 11. If for any reason . at any time, the funds on hand in such Refunding Escrow Account shall be insuf- ficien t to meet the payments required as the same shall be about to become due and payable , the City Council of the City s hall forthwith deposit in such Refunding Escrow hccount such additional funds as may be required fully to meet t he amount so about o become due and payable. Section 12. The Bank shall from time to time redeem all or a portion of the obligations in said Refunding Escrow Account in sufficient amounts so that the proceeds therefrom -20- • I I .I I / I • • • • ,. - and the interest thereon as the same accrues will be sufficient to meet the interest requireroents on the outstanding bonds of the 1975 and 1978 Issues as such interest accrues , according to the schedule hereinabove set forth. section 13. The Hayer and the Director of Finance,· ex-o fficio City Clerk. akd Treasurer of t.he City shall, and they are hereby authorized and directed to take al l n ecess ary or appropriate action toward t h e execution o f a p roper Es crow Agreement with the Dank concerning the deposits i n, investments of and disbursements from said r.efund ing Escrow Account , and such other agreements as may be necessary o r desirable t o effectuate the provisions of this Ordinance and comply with the requirements o f law. Section 14 . On or about the date when the Refundin g \'later Bonds , series 1978, are delivered, or within a reaso na b le time therea fter , the Director of Finance is authorized and directed to publish a notice of refunding one or more times in a newspaper o r newspapers customarily used by the City for legal notices. Section 15. The City covenan ts and agrees that it will make no use of the proceeds of the bonds authorized herei n wh i ch might cause such obligations to be arbitrage bonds withi n the meaning of Section lOJ(c) of the Internal Revenue Co de of 1954, as amended , and the Regulations proposed and in effect thereunder. Section 16. That if any one or more section or part of this Ordinance shall be adjudged unenforceable or invalid, such judgment shall not affect, impair or invalidate the re- maining provisions of this Ordinance, it being the intention that the various provisions hereof are severable. Section 17. All ordinances or parts thereof 1n conflict with this Ordinance are hereby repealed. Section 18. lifter said Refunding Hater Bonds are issued , this Ordinance shall be and remain irrepealable until said Refunding Water Bonds and the interest thereon have been fully paid, satisfied and d~scharged. Section 19. This Ordinance , as adopted by the City Council , shall be numbered and recorded in the official records of ~he City. Its adoption and publication shall be authenticated by the signatures of the Hayor and the Director of Finance, -21- • I I • • • • • ex-officio City Clerk and Treasurer, and by the certificate of publication. Section 20. This Ordinance shall take effect thirty (30) days after publica tion foll o wing fina l passage . INTROOGCE O AS A BILL this lrd da y of July, 1978. (SEAL) ATTEST : D~recto r of Fi nance~ ex-officio City Clerk and Treasurer -22- }layor • , I . • APPLICANT: • • • COUNCIL ACTION REQUES T LIQUOR AND J,2 BEER OUTLETS Casual Loun ge '(Gary Copp, President) 65 W. Floyd TYPE OF ACTION REQUESTED: Expansion of Premises POLICE AND FBI REPORTS: PREVIOUS CITY COUNCIL ACTIO NS DURING PRIOR TWO YEARS, EXCLUDING ANNUAL RENEWAL : Approval of i ncor poration, November 1977 CITY ATTORNEY'S REVIEW: COt-MENTS: 2 8 . A(~IJl)A.-JvL.1 .;, ({}1( VIS. IT~~-G.A.IL'{ (opP Applicant expanded premises during April 1978. Applicant mis- understood requirement for City Council approval and State Liquor Enforcement Division approval for this expansion . • I • • • ORL 3E·18E (Rev. 2/77) • • - STATE OF COLORADO Department of Revenue l.IQUOR ENFORCEMENT DIVISION 1376 SHERMAN STREET DENVER , COl.ORAOO 80261 0 3 .2 % BE ER .-----------------------.X · LIQUOR REQUEST TO EXPAND , ENLARGE OR MODIFY PREMISES Lice nse No . T he undersigned reta i l licensee requests permission to expand , en large , or modify the prem ises at wh ich he is licens- ed to do business or the plans and specifications originally subm itted at the time of obtaining the or igin al license , in l ine w ith Colorado Liquor Co Reg . No. 47 -106 .2, or Co lorado Beer C~de Reg . No. 46-106 .3 . Na me of Retail Licensee · ----'.:-'--·'-' '_(.u . ._·U....l...L--.,L...!.L..--I....L..L.I.....!..,~---j_!....I...~......:..------------ Trade Name : U·:;c ; (1 ) )("'ttl /<")> I Add ress or Leg al Discri pti on of Pre m ise s at whi ch li censed /. -/(. • f -<·· (_~, j /.-! 't ~ to do business (include city or town , zip code and county): --'(;_._·_'_,=::.._.L.LJ...L.......:..)_.J..._....!..f.l. 1;--~.;7,LL...!.' • ...I-"-,J.-::.L[c_'-.l... -..------- /tty'lr( ,'(''{'' c J / ~')c-//(' ;J;., '[_ Y ) C I I , I Specifications, in accurate detail, of the planned expansion , enlargement { r or modification of the licensed premiseS or premises tO be licensed : I \\ ('C l . ) }c· I C I l ·li~ > \ C • ~ r2·q.n·L( c )\) 4,\,.-~.--;·:\ \.-2 ",-.i ., ,.c \c,q,1( -;1,,-:; Date of the proposed expansion ,'enl ar')e men t 6r r1 ' l J 1 -' modif ic ation of licensed premises to be licensed : ----.;1-~..:;-l-J1.:.2::..tJ,..'..JIU 1 __ :.....,1--''"----<'f....J_I:..)'--(..;<,:....'(-· _,....-e:._ _________ _ Signed : _--:::>"_..,-=;.-/;;::;.;::::.......Lt.=..~'(,<~~.....-.'~~---l..-·~...::•·,.__..;.t-~J__..c.:::...' ___ _ '" 1 / ........ /'u"""_, 7 l APPROVAL OF LOCAL LICENSING AUT HO RITY : The foregoing application for permissoon to expand, enlarge or modify the premises licensed or plans and specifications, has been exam · tned , and if granted , will not be contrary to the provisions of the Colorado Liquor or Beer Code and Rules and Regulations . Therefore, the foregoing application is hereby approl'ed . Dated At -----------------(Name of Town, City or Countv) this ----dayof ____________ 19 --· Signed :--------------------------- (Loul Llcenllng AuthoritY) APPROVAL OF DEPARTMENT OF REVENUE : The foregoing application for perm ission to expand, enlarge or modify the premises licensed or to modify the original plans and specif · 1cattons submitted has been exammed, and the planned expansion, enlargement or modification, as specified above, is heregy granted . Dated At ---,,..,---:---,..,--.,---,------CN•,.,. of Town, Cltv or Countvl this----day of-----------19--. STATE LICEN S ING AUTHO R ITY By • I • • . I • 01ayrdm of premises BEFORE expa ns ion , enlargement or mod ification : ~ ~z c&-4-tL-L -~1''-- --- Diagram of premises AFTER expansion, enlargement or modification : 0 ACCEPTED 0 REJECTED (Signed) SUPERVISOR • • • 0 ACCEPTED 0 REJECTED . . • (S igned ) OFFICER - • • • • Dioyram of premises BEFORE expansion , enlargement or mod ificat ion : Diagram of premises AFTER expansion, enlargement or modification : 0 ACCEPTED 0 ACCEPTED 0 REJECTED (Signed) SUPERVISOR 0 REJECTED ------------ OFF ICE R • I • • -, • Cl .} () _.J I...L --- -, • • • ------- ) ' __j 1-t ~. J ( -··. (\ I rv ('\'·.! ~·-·. p _;::,;.__- I ) .-~ .~ r. f v >L ___ , 1 I ! I I -· ----- r-t /C)L · '~ _j L ~ ··-=====: / ;r---_;_____ ___ - ---------------- ----. -· ------. -.• ' ;---- . -·· ~ ' ""' r ' " f 1._ \ ; ) ' ' " { '· I '~ ) '-._... c:Jooooo • I . - ' I . . . II • • • l'f J1AU'-.J If - --··· ArTEr2 0 I l : --t-~ .,...... ·--( p~/ I /c=J .:J J ' ·-,_ .. _ .... ) -· ------=-:t ,, ( 0 v ') . ' . -· I - J ' \-~' -) .., . ' . ~')(._..., ') ·') ,... -_.. ,_ .... ) ~ ·~ O O o • I I I I I I . • • • • • MEMORANDUM TO: Councilman Don Harper FROM: Andy McCown, City Manager DATE: June 21, 1978 SUBJECT: PARKING ON SOUTH BROADWAY This memorandum is in response to your recent inquiry concerning "No Parking" signs on South Broadway in the vicinity of Belleview. The signs were installed about tw o months ago by the City with the permission of the State Highway Department. Their permission must be gained be fore any changes in signalization and parking can be made on a State highway. Shortly thereafter, I was contacted by Mr. Mike Dunahay from South Broadway's Best with essentially the same type of complaint you have been receiving. After a review of this matter, I decided to limit the parking during peak hours only and instructed Mr. Curnes to get a memorandum out to the Publi c Works Department informing them of my decision. However, the State Highway Department then turned down this recommended change and I so informed Mr. Dunahay. I am attaching all correspondence in this matter fo r your information . Also, since Mr. Dunahay has called our office to be on the agenda, I am sending copies of this report to Council. Si cerely, (-J.<// 'dy // CA't/Y\ AND~cCOWN City Manager ph Attachments cc: Members of City Council Jimmy E. Curnes, Ass istant City Manager Kells Wagg oner, Director of Public Works • I • • ( ( • • • - STA TE DEPARTMENT OF HIGHWAYS JA<;K KINSTLINGER DIVISION OF HIGHWAYS E . N . HAASE CHI EF ENGINEER 2000 SOUTH HOLLY Mr. Kells Waggoner, P. E. Director of Pub lic Works Cit y of Englewood 3400 S. Elati Street En gl ewood, Colorado 80110 Dear Mr. Waggoner: EXEC UTIVE D IRECTOR STAT .. 0 " COI..O I'IADO DENVER , COLORADO 80222 May 26 , 1978 DISTRICT 6 R . J. BRASHER DISTRICT ENGINEEF C3 03J 7 !5 7 .0252 Thank you for your letter of May 18, 1978 concerning the additional lane on S.H. 75 (Broadway) from Chenango to Centennial. We appreciate your efforts to alleviate t raffic congestion created by the traffic signal at Belleview. We have reviewed your request to allow parking on the additional lane during non-peak hour ti•es. After reviewing this situation in the field, we believe that allowing parking during specified periods of the day would create several safety probleas for motorists on Broadway. Primarily we see two situations occurring which could cause problems. First, we feel that it violates driver expectancy to sign parking areas in this manner on a designated principal arterial. As we are sure you are aware, the purpose of a principal arterial street is to expedite traffic rather than provide parking or access to the adjacent l and . The expectancy problem arises when motorists who use the road daily during the peak hours, encounter a parked vehicle in a lane they normally use as a travel lane. Since this violates what the driver normally expects to encounter, we would expect a significant increase in the number of accident . i nvolving or be ing cau sed to some degree by the presence of parked cars . The second probl em arises when a parked vehicle remains in the zone during the no parking periods . Violations of this type would only add to the congestion and acciden· situation. Even with strict enforcement and towing procedures being established, we can foresee the enforcement adding to the safety and capacity problem . We, therefore, will be unable to approve your request concerning parking on Broadway a t th i s time . If you have further questions in this matter, please let me kno w. LEL/il ·very tru l y yours, RIOIARD J . BRASHE R District Engineer by Xo-4'·~ r ~ LOUIS E. LIPP Traffic & Safe t y Engineer • I • I <( • • • •' - TOt lel.le WauODer, Dil'ector of Public: Worb llml: Jt..~r 1. Curnu, A .. htant City Heaaaer DAn: Kay 17. 1978 IUBJICT I ParkiDa Oil South BrNClvay Ia r•.-.. to your -raadua of Hey 8, 1978 raaardtq tbe traffic a1tuaU.oa al.oaa lrodvay at kllevi-, -baft d.ac:idad tbe follGWtDa abould be iapl-nted. 1. t'ba aolut~ ahould be to allrdata the pult traffic d......U at the 1ataruc:t101l of lroadVJy aDd lallevt.v. 2. t'b ... d_...,, occur bee--7 a.a. aDd 9 a.a. aad 3 p.a. aad 6 , ••• 'l'berafore, -wo.al.& rae:~ that parlt.iaa be r•tric:tad aloaa ll'oMwaJ' MW..0 a...a,o &lld C-tiiiiDial bec..&D tbe boara of 7 to 9 •·•· · aad 3 t o 6 p .a. HoGday tbrouab Friday oaly. t'b1a aolutioD w1ll. ba l ooUd at for a period of tvo -tha -.d tben a rnt. will be .. d • b y both tba Traffic Div1a1oa aad the Pollee Departa.at aad a future decieloa vill be aade . at that t~. Our office will lafora t h e bue1neeeu 1a-.o1Yed aloaa Iouth Broadway &Ad a l a o t he Pol lc:a Departaent for -force- a.&t.of tbe abOYe raatr1c U.ou. Pl ... • ia1»1-t t ba aboYa parkiaa r utric:tlon a t your aarliaa t c:onv ani anc:e and 1af o ra -ao that --1 b a ain to aonita r t ba aituation. cc:: AMy HceowD , City Mauge r Rob er t Holme s, Chief of Police • I • • - SUIJICT1 ( ( • • • - Jimmy Curnes, Assistant City DAnh May 8, 1978 Manager Kells Waggoner, Director of Public Works BROADWAY AT BELLEVIEW This memo is submitted per your reques t for information concerning the restriction of parking along Broadway in the vicin ity of Belleview in rder to insta ll an additional through lane. Attached is the following supportive information: memo from Brooks Taylor, Traffic Engineer dated 5-2-78 aerial photo showing ownership and off-street parking development sketch showing utilization of l anes and signing letter dated 1-24-78 from State Traffic & S a fety Engineer With the third· lane, it is estimated that we have increase d the capacity of the intersection by 30%, which means that 30% more vehicles could get through the interse ction on each green signal. This, of course, means that people d o not have to wait as long at the intersection. We did, at first , consider restricting parking only during peak hours, but that was discarded for the following reasons: additional enforcement necessary on the part of the Police Department Vehicles parked in that lane would have to be towed immediately after the time limit in order for the lane to function properly. the potential traffic hazard of a vehicle parked in that lane, especially during its intended time of use People wou ld not get used to using the lane, and the potential carrying capacity would not be realized. It appears to us that all of the businesses have ample area for off-street parking as required py our codes, and that the restriction of parking to install the third lane was a proper application. ;r; (t. ~:__')..__ ;"'\------- Kells Wag~n~.E. Director of Public Works Attachs . • , I • • SUIJICTa ( • • • . . • Kells Waggoner, Director of Public Works Brooks Taylor, Traffic Engineer DATI: THIRD LANE ON BROADWAY AT BELLEVIEW May 2, 1978 The complaints we had been receiving on the above-captioned intersection included that of motorists having to wait two or more cycles to cross Belleview on Broadway. In addition, RTD stated that their buses had difficulty in transitioni ng from the second lane to their bus stops which are located on the far sides of the intersection. A survey confirming these problems was made. It was also determined that the businesses in this area had ample off- street parking. Inasmuch as the Broadway & Belleview signals consist of eight-phase movements, it required a much longer cycle length than is used elsewhere along Broadway; hence it was not possi- ble to interconnect this location into our progression system. This tended to magnify the above-mentioned problems. The previous ly existing "Right Turn Only" lane was extended northward to Chenango and southward to Centennial. Signs were installed both overhead and on poles to establish the third "through" lane and for merging at both ends. It is anticipated that once the motorists are aware of the third lane, it will be more fully utilized. The RTD has already reported that we have greatly reduced their problems and have expedited their north-and southbound buses. A sketch showing the lane lines as they are now being used is attached. BT/lo Attach. • , I . ( ( JACK K INSTI...INGER DIV IS ION O F HIGHWAYS E. N . H AASE C HIEF ENGINEER • 2000 80UTH HOL.LV • • • • OF HIGHWAYS EXECUT IVE DIRECT OR DISTRICT e R .J .BRASHER , DISTR I CT EN GINEER OINVIft , C O L O ftAOO 80222 l303, '787 -fi2!tZ January 2 4, 1978 ,. • '!!·~ .. ~ •. ;~~ '·~·'Hr. Brboks Taylor Traffic Engineer City of Englewood ' '')-· ... · .. ·. • 3400 South Blati Street Englewood, Colorado 801 10 Dear Broolul: ~b.~ reviewed the City's pian to add an additional lane on SH 75 (South Broadway) from Chenango to Centennial Avenues. The plan is acceptAbl e to the Di vision of Highways ,• however, we do have some concern torith the lane drop. at each end of the plan. The lane drop signing should be in conformance wi th the "Manual on Uniform Traffic Control Devices", torhich mandates the use of the ~4-2 sign. Also, we would like to recomm.nd that the northbound lane drop at Chenango be made a mandatory right turn or the transition be extended to approxi- .. tel~ 500 feet. The existing mandatory right turn signing and pave- ment ~rkings at Belleview must also be removed. Please contact us if you have any further questions on this matter. GE Ptjh Respec tful ly , RIC HARD J. BRA SH ER Di s tri ct Engi n eer by ..;f'~, (' ../.~ LOUIS E. LIPP Tra ffic & Safety Engineer • I • • ( ( ( • • • - MINUTES C OUN C I L MEE T I NG DENVER REGIONAL C OUNCI L OF GOVERNMENT S Pre s e nt: William Thornton, Chairman John C ampbell William Cobern Robert F. Clement Roland Cole Harold V. Cook Paul Danish Doris Durdy Thomas Eggert Robert Foster Laboyta Garnand George Gars o n Sam Harper Ha r old V . Hodges Jim Lee Gary Lewman Ma ggi Markey Ves t a H. M iller Michael Schonberg Rodney Sheffer Douglas Stanfield Judith Stephens Arthur Tice AI Vitt John E. Wolgamot t Carl Wi11kle Also Present: APRIL 19, 19 78 Town of Bow Mar Adams County City of Aur o ra Jefferson County Commerce City City & C ounty of Denve r City of Boulder City of Brighton Arapahoe County City of Castle Rock Air Pollution Control C ommission City of Glendale City of Littleton City of Northglenn C i ty of Lakewood City of Wheat Ridge Boulder C ounty City of Arvada City of Th ornt on City of Westminster City of Sheridan Town of Morris o n City of Federal Heights Greenwood Vi llage City of Edgewater Douglas County John Morehea d, The Denver Pos ; AI Gordon, Rocky Mounta i n News; Thomas Q. Benson, DRCOG Attorney; Robert D. Farley, Executive Director, DRCOG; and various members of the DRCOG Staff. • I • • ( ( • COUNCIL MINUTES APRIL 19, 1978 Pag~:; thr ·e •' • • - "'he DRCcx; Transportation Committee recommended a resolution to Council for ad<"~p ion which would amend the annual element of the 1978-82 Transportation Tm\')rovement Program to include the Regional Transporta tion District's Off-Peak Far> free Demonstration Project having an estimated cost of $6,800,000 of wh ch the federal grant requested is $2,400,000, the local share for the project Is $3,400,000 and an additional $1 million in federal funds is to be provided unde r Section 6 of the UMTA Act of 1964, as amended. Council on motion by Mrs. Miller, supported by Mr. Sheffer, unanimously adopted Resolution No.9, 1978, A Resolution to Amend the 978-82 Transportation Improvement Program. (A signed copy of Resolution o. 9, 1978, is attached to and made a part of the file copy of these minutes.) Urban Systems Committee Report Mr. Hodges, Chairman of the Urban Systems Committee, reported that the committee directed staff to take those i ems that were not funded under the I-470 Transfer Funds and to incorporate them into the current urban systems 11sting and to reevaluate the entire list. Additionally, the Urban Systems Commi tee recommended hat the Transportati o n Committee consider the couplet in Englewood for inclusion into the Fede ra l Aid Urban Systems Plan. This will be discussed at he Transportation Committee meeting in May, and forwarded to Council for consideration i n June. Adoption of the Regional Growth and Development Plan Mrs . Miller noted that the Program Committee this date recommended Council adoption of the Resolution, with changes incorporated. Council on motion hy Mrs. , iller, supported by Mr. Hodges, moved for adoption of the Resolution adopting he Regional Gr th and Development Plan for the Denver Region. Mr. Campbell, Adams County, stated that the County recommends the following change to the Plan. Revise Regional Dev lopment Policy #3 to read: • I • - • COUNCIL MI NUT ES APRIL 19, 1978 Page four • • - (3) It can be demonstrated by the County and other affe cted local governments and districts that the present capacities of roads and schools are adequate, adequate County law enforcement and rura I fire protection are availab e, and the proposed development can be adeq ately served by on-site OR CO, MON USE WATER AND SEWER SYSTEMS acc ording to local and state regulations. Mr. Campbell, suppor~ed by Mr. CobPrn, moved to adopt the above amendment as ~tated. Councilman Danish spoke against adoption of the amendment because it seems to open the door to the proliferation of s ecial districts In unincorporated areas and agricultural areas and it could set th stage for leapfrog development and tend to compromise the whole intent Jf tne Plan. He felt this particularly true in view of the next amendment concerning prime agricultural lands. Question was called on the above amendment and the motion ca rried with Mr. Danish and Mrs. Markey voting no. Chairman Thornton referred Council to the additional amendments attached to the agenda under Attachment B and asked if Council chose to take up tr.e amendments separately or as a group. I was decided to take up the revision to Regional Development Polley 35 separately from the rest listed on the two page attachment . Council on motion by Mr . Clement, supported by Mr. Cobern, moved to adopt the following amendment: Regional Development Polley 35 (Prime Agricultural Soils)- D velopment should not be permitted in presently identifled areas of prime agricultural soils which are located in th.,; non-urban areas of the Denver Region, UNLESS THE LOCAL GOVERNMENT DETERMINES THAT THE lAND IS NOT PRIME AGRICULTURAL lAND. Several Council members spoke against the amendment and urged its defeat by Council. Question was ca lled and the motion t o adopt the amendment carried wlth 18 yes votes and 7 no vote~ cast. The amend- ment was ad pted . • I • ( • • • ,. - MINUTES COUNCIL MEETING DENVER REGIONAL COUNCIL OF GOVERNMENTS Present: William Thornton, Chairman John Campbell William Cobern Robert F. Cleme nt Roland Cole Harold V . Cook Paul Danish Doris Durdy Thomas Eggert Robert Foster Laboyta Garnand George Garson Sam Harper Harold V. Hodges Jim Lee Gary Lewman Maggi Markey Vesta H. Miller Michael Schonberg Rodney Sheffer Douglas Stanfield Judith Stephens Arthur Tice Al Vi t john E. Wolgamott Carl Wiukler Also Present: APRIL 19, 1978 Tow n of Bow Mar Ad a ms County City of Aurora Jeffe r son County Commerce City City & County of Denver City of Boulder City of Brighton Arapahoe County City of Castle Rock Ai r Pollution Control Commission City of Glendale City of Little on City of Northglenn City of Lakewood City of Wheat Ridge Boulder County City of Arvada City of Thornton City of Westminster City of Sheridan Town of Morrison City of Federa 1 Heights Greenwood Village City of Edgewater Douglas County John Morehead, The Denver Post; AI Gordon, Rocky Mountain News; Thomas Q. Benson, DRCOGAttorney; Robert D. Farley, Executive Director, DRCOG; and various members of the DRCOG Staff. • I • • COUNCIL MINUTES APRIL 19, 1978 Page two Ca 11 to Order and Roll Ca 11 .. • • - Mr. William Thornton, Presiding Officer forth Council and DRCOG Chairman, ca lied the meeting to order at 7:4 5 p.m. Roll was ca !led and a quorum declared present. The Chairma n welcomed several new Counctl representatives. They were: Bob Foster, Town of Castle Rock; Carl Winkler, Douglas County; and Judy Stephens, Town of Morrison. Mayor Ceorgl! Garson will be the member representing Glenda le. Public Hearing on the Regional Housmg Opportunity Plan Chairma n Thornton convened the Public Hearing In accordance with established Cou ncil procedures for public hearings on plan adoptions . 1en individuals testified, many representing local governments who were in general accord with the plan, but most of whom suggested modifications to the document . A common element was that DRCOG should assume responsibility for imple menta tion strategies contained in the plan and proposed to be assigned to the now non- existent Metro Housing District. The Plan proposed formation of such a district to implement the proposa l. A complete record of the proceedings is available and will be distributed to Council in June when adoption of the Plan is requested. A list of all comments received on the Plan will also be distributed at that time. The Public Hearing adjourned and after a five minute recess, the regular Council meeting convened at 9:00p.m. Minutes of March 22, 1978 Council on motion by Mr. Clement, sup ported by Mr. Cobern, unanimously approved the minutes of the March 22, 1978 meeting as mailed. Report of Comm ittees Mrs. Mlller, Chairman of the Program Committee, introduced an item which was discussed by the Program Committee this date and recommended to Council for adoption. • • I • - COUNCIL MINUTES APRIL 19, 1978 Page five • • • Mr. Cobern, supported by Mr . Cole, moved to adopt the amendments listed in the first two pages of the attachment to the agenda. Motion carried unanimously. After discussion, Chairman Thornton directed that a vote on ad option of the Regional Growth and Development Plan, as amended, be done by mail ballot. He felt that as a result of the discussion at this meeting nd because this Plan has such a significant regiona 1 impact tha • it should be voted on by all the m mber jurisdictions. Adoption of the Regiona 1 Water Supply Policy Mrs. Miller noted that the Program CommitteE> unanimously recommended the Polley for adoption by Council. Council on motion by Mrs. Miller, supported by Mr. Lewman, moved to adopt A Resolution Adop ing Regional Water Supply Policy. It was noted by Mr. Danish that the map on service areas covering Boulder should be deleted from the policy. It's inclusion in this document would ( compromise Boulder's Comprehensive Plan based on a recent court decision. ( • Mr. Danish, supported by Mrs . Markey, moved o delete the Map 2-2 from the text and any reference to It be deleted from the document. A new map should be substituted in its place. otion carried unanimously. Mr. Pampu noted that the Program Committee discussed the matter and the map was supposed to have been deleted and in its stead, the map showing the adopte~ ,...ouncll r n Serv1cf Areas by included. He ass Jred Council that the proper document would be L er ed in he f!r,. 1 p llcy. Question was call d on he main mo i nand Council unanimously adopted Resolution o . 10, 1978, .A_ Resolution A optmg Reg10na 1 Wa er Supplv Policy, As Amended. (A s1gned copy ofResolu lon No . 10, 1978, Js attached to and made a part of the file copy of these minutes.) Adootlon of the Unifled Planning Work Program Mrs. Miller noted that thi program was considered by the Transportation C omm1t ee at a meeting e rl1er this date, as well as the Program Committee and b th committ es recommended the program to Cou ncil for adoption . • I • • • COUNCIL MINUTES APRIL 19, 1978 Page six • • • Cou ncil on moti on by Mrs. Miller, supported by Mr. Cobern, unanimously adopted the Unlfled Planning Work Program as presen ed. Mr. Scheuernstuhl, DRCOG Staff, noted that there were two tas s that RTD was required by UMTA to conduc : (1) management informa tion system; dnd (2) a bus scheduling program. Th T ansportat10n Com mittee agreed t0 submit the work program with these cnanges noting support for these RID work activities if sufficient U'li!Tt funds are ava!lable. This additional work amounts to $165,000. Metropolitan Council ProE_?sa I Mrs. Miller noted that he Pcogram Comm ttee unanimously recommendP.d that the Counc!l take the following acti on: Council on motion by Mrs. Miller, supported by Mr. Clement, moved to assume a position of 'No Position' on the Metropolitan Council Proposal. Question was called and the motion carried with Messrs. Foster. C'ampbell, and Wmkler voting n o. Mr. Cobern and Mr. Lee abstained. The Council agreed to assume a neutral posture in the current petition drive to place the Issue of a Me r o Counc il before the voters in November. In taking a position of 'no position', t he Council felt it had ample time between now and November to reassess its stance . In the meantime, a Pollcv \.York- shop is scheduled for J une 8, 9, and 10 and the Metropolitan Council proposal will be one of the major is sues on the agenda for discussion. This will permit the Councll representatives an 0pportun1ty to study the proposa I in gre0tPr detail befo re deciding n a course of action. Briefing on he Status of the Air Quality Planning Program M . r·3m pu distributed copies of a letter from Governor Lamm to Alan Merson, I.PA f<egiona l Administrator, certifying DRCOG as the agency to undertake air qualitt planning for the Denver Area in conjunction with he Air Pollution Control C mmission. Basically the agreement approved by the Council la!'t , c•1th and als approved by hr> Air Pollution Control Commission, Jr. being ~ubject ed t o some recons ld ra ti n by the Gov ernor's offiCP. They are r •qu tin th'lt some <'!dd ltl mal discussion •ake place with respect to some specific on me mbership role of he various c0mm1ttees tha w ould be establi he , as w 11 a" the specific role and responsibili • of he C'oun 11 in the long term air quality planning program. DRCOG has not heard from the Governor's office with respect to what th e • ?ecific lSSUAS are that need to be addressed • • I • • • COUNCIL M NUTES APRIL 19, 197R Page seven • • • Mr. Farley noted that about $80,000 is available to undertake the pla nning effort and will come from the State Air Pollution Control Division and from federal transportation planning funds. Year End Report on A-95 Activities Mr. Borger referred Council to Attachment D of the agenda which was a summa ry of grant applications submitted for A-95 review during 1977. Of the 532 projects reviewed, 330 were submitted by DR COG memb ers. The tota I number of proJects reviewed represented an increase of 61 over 1976, and the amount of federal funds requested was greater in 1976. The largest am o unts of funds requested w ere in the areas of transportation, manpower, education, and community development. Briefing on the NARC Conference, May 6-10 , 1978 Mr. Farley referred Council to a tentative agenda under Attachment E which provided an outline of the substantive sessions to be held during the conference. He also outlined the s ocial events and spouses program, noting that a special emphas is has been placed on a substantial program for the spouses for the first time in the history of the conference. It is anticipated that approximately 2,000 local elected officials and regional council directors from across the country are expected to attend. Spouses attenda nce this year is expected to be around 500 . Report of the Executive Director Mr. Farley reported on several items , including a reminder that Chairman Thornton of DRCOG is a nominee for th e NARC Board of Directors from Region VIII . The Policy Workshop is scheduled for June 8, 9, and lOth at a location yet o be determined. Several major issues will be discussed, including the Metropolitan Council proposal and the DRCOG program as it r lates to finances and funding at DRCOG. A packet of information will be mailed to Councll members in the near future on details of the Workshop. A summary of the Executive Committee mee ing held April 5, 1978 was distributed to Council and briefly reviewed by Mr. Farley. DRCOG will be presenting testimony before the EPA Hearing this week on the issue of whether or not to approve he section 404 dredge and flll permit on the foothills project. Mrs. Miller w111 present that estlmony on beh If of DRCOG . • I • • COUNCIL MINUTES APRIL 19, 1978 Page eight Other Matters by Members • • • Council on motion oy M1. Winkler, supported by Mr. Cobe rn, unanimously moved to request the Governor to extend the designated area of the DRCOG 208 program to include Douglas County. Douglas County would relingulsh $30,000 in EPA funds to DRCOG to coordinate that planning. Mr. Farley stated that inclusion of Douglas County was a logical extension of the 208 planning area and he felt DRCOG could complete the necessary planning work expeditiously. Mrs . Miller noted that she had received notice from the National Le ague of Cities of a meeting to be held in Denver on May S-6, 1978 on Water Polley for American Cities. The meeting will address the key water res ou rce issues confronting Cities. She encouraged Council members to attend and make input on national water policies. The meeting will be held at the Brown P11la ce Hotel. Ad 1 ournment There being no further business, the meeting adjourned at 10:30 p.m. ATTEST: Robert D. Farley Ex e cuttve Director William Thornton, Chairman • • I • • • • • • • MIN UTES OF ENGLEWOOD HOUSING AUTH ORITY MEETING April 25, 1978 4 J As the Chairman and Vice-Chairman were both detained, Cynthia Peterson opened the meeting at 5:20P.M ., and asked for a call of the roll , whi ch resulted as follows: Members Present: Rev. Stanley Fixter Cindy Peterson Dave Clayton Members Absent: Thomas J. Burns, Chairman Betty Beier, Vice-Chairman Others Present: Ri cha rd Wanush Al Johnson Alice Fessenden Ken Nicholas Reading and Approval of Minutes Cindy Peterson called for discussion and approval of he minutes of the regular meeting of March 28 , 1978. There being no correc ions or additions, the following motion wa s passed: MOTION MOTION WAS MADE BY STANLEY FIXTER TO ADOPT THE MINUTES OF THE ENGLEWOOD HOUS- ING AUTHORITY MEETING OF MARCH 28, 1978 AS WRITTEN. THE MOTION WAS SECONDED BY DAVE CLAYTON; ALL VOTED "AYE" AND THE MOTION CARRIED UNANIMOUSLY. Revenue Bond Issue Ms. Peterson then turned the meeting over to Walt Imhoff , who discussed events and problems leading to the postponement of bidding for the pur- chasing of bonds for purchase of the Simon Center by the Housing Authority. He stated that the expected reply from HUD had not been forthcoming, and discussed briefly the present interest rates of 6~ per cent. He said he was not particularly con c erned with the interest rates at the present time. However, certain approvals are necessary on the Federal level, which have not been received. Mr. Imhoff pointed out that in other programs, HUD wants a trustee appointed to receive all funds and make all disbursements for the Housing Authority. The Housing Authority has contracted with the City for this service, at no cost. A trustee, such as the First National Bank would charge $4,000 to • 0 I • • • • • • $5,000 initial fee, with $2,500 to $3,000 per year. The subsidy would cover the fees, but the cost is not necessary. HUD, Mr. Imhoff felt , would probably issue a waiver of this requirement. Mr. Imhoff asked for action on the resolution , marked Resolution #2, Series 1978 , attached to these minutes . MOTION DAVE CLAYTON MOVED THAT RESOLUTION # 2 , SERIES 1978 BE PASSED AS PRESENTED. STANLEY FIXTER SECONDED THE MOTION. ALL VOTED "AYE" AND THE MOTION PASSED. Mr. Imhoff thanked the Board and Al Johnson for their cooperation in getting the sale set up. Mr. Johnson asked Mr. Imhoff to brief the Board on what is to come. Dates of the ne xt meeting were discus sed. Mr. Imhoff said that a resolution mu st be passed to receive bids, and that a second meeting must b e held to take action on the bids . With the cooperation of HUD , he would like to meet on May 16 to adopt the resolution cal ling for bids, and May 30 to award the bids. There was discussion as to these dates. Dave Clayton felt there should b e a settl e ment of the agreement with the City before the sale is set up. It was agreed that the decision should be delayed until the two absent members arrived. Walt Imhoff said he would encourage the Board to appoint an Acting Ex ecutiv e Director to be effective between the time that Al Johnson leaves unt il a new Director is appointed. Mr. Imhoff was then e x cused from the meeting at 5:40 . EHA Executive Director and Secretary Cindy Peterson introduced Resolution No. 3, Series of 1978, to accept the resignation of Al Johnson, and to appoint Alice Fessenden as Acting Ex ecutive Director. After discussion on the resolution, the following motion was made and passed: MOTION MOTION WAS MADE BY DAVE CLAYTON AND SECONDED BY STANLEY FIXTER , TO TABLE THE RESOLUTION AND MOVE ON TO ITEM V OF THE AGENDA. ALL VOTED "AYE" AND THE MO-TION PASSED . Tom Burns arrived at 5:45P.M., and the Chair was turned over to him. Re art on 1978 Conununit lication Chairman Burns introduced the Community Development Block Grant application , and turned the time over to Alice Fessenden for a review of the application. Betty Beier arrived at 5:50 P.M. 2 • I • • ( • • • - Ms. Fessenden explained that the application would be going to City Council the following Monday. This, she explained, is the same type of action taken last year for the Rehab Discretionary Grant . She described the way the point scale works in judging these applications. Mr. Johnson said that he felt it was important for the Board to look at such items as those under 'property acquisition', 'relocation', and that type of thing, where the City would be likely to call upon the Housing Authority to go in with Rehab and perform such duties which are specifically housing. Certain areas were discussed , with Baltic and Caspian streets being primary focal points for attention. A map of the City was consulted to determine the exact location of the streets. The reason for limiting the attention to these two streets is that the grant is limited . Mr. Burns noted that on the application it states "Housing Rehabilitation", but that new construction is included, also. Alice Fessenden explained that the present Rehab program would be continued , and that the $50,000 would be used only as subsidy for the loans. Mr. Burns asked when a response is due to this application, and Ms. Fessenden stated that it would probably come in June . She st re ssed that this is a pre-application, a nd would be judged on certain criteria points. There was more discussion on the Block Grant application. Mr. Johnson pointed o ut that we will be competing with cities of less than 50,000 population. Monthly Reports The monthly report for the Rehabilitation Loan Program was discussed. Ms. Fessen- den stated the need for a Rehab Code to be used in connection with this program . This was discussed. Discussion ensued regarding a case where the homeowner was dissatisfied with the quality of work done on her horne, and the problems which have arisen as a result. Discussion followed regarding this case, and the Rehab Program in general. The next report discussed was that of the Section 8 Existing program. It was reported that a full time temporary clerk had been hired and was now trained to the point where she could relieve Eden Webster of the clerical duties of the office, freeing her for full time attention to the Section 8 Existing program. Mr. Burns asked about the status of the -004 project, and Alice Fessenden replied that the c ontract for these additional units had been fully executed by the Housing Authority and by HUD , and would be effective May 1, 1978. She pointed out that part of these units are one-bedroom, which had been applied for in an effort to give assistance to some of the elderly and handi- capped people who had applied for assistance, but for one reason or another were not particularly interested in the Simon Center. 3 • I • • • • • Discussion followed regarding the types of people who are applying for assis- tance under the Section 8 Existing program. Stanley Fixter expressed his concern over the young families in Englewood, and what can be done to get some assistance for these people. Al Johnson said that the Block Grant application should be a good step in the right direction . Plans to acquire property for development of family units were discussed. Mr. Fixter expressed concern that the City is getting older, and is not attracting young families. Housing in the City was discussed. Dave Clayton objected to high density housing, and felt the concept of single family housing should be continued. He would like to promote a program of horne ownership for families. These things were discussed at some length. EHA Executive Director and Secretary Attention returned to the acceptance of the resignation of Al Johnson, and the appointment of Alice Fessenden as Acting Executive Director and Secre- tary of the Authority effective May 1, 1978, until a permanent Executive Director has been designated by the Board. MOTION MOTION WAS MADE BY STANLEY FIXTER AND SECONDED BY DAVE CLAYTON TO ADOPT RES OLU- TION NO. 3 SERIES OF 1978 AND ACCEPT THE RESIGNATION OF AL JOHNSON WITH SINCERE REGRET, AND TO APPOINT ALICE FESSENDEN AS ACTING EXECUTIVE DIRECTOR AND SECRETARY OF THE AUTHORITY EFFECTIVE MAY 1, 1978, UNTIL A PERMANENT EXEC- UTIVE DIRECTOR HAS BEEN DESIGNATED BY THE BOARD. After short discussion, the Chairman asked for a vote on the motion. ALL VOTED "AYE" AND THE MOTION CARRIED UNANIMOUSLY. There being nothing further to come before the Board for discussion , the meet- ing was adjourned. 4 • I . -• • - R E S 0 L U T I 0 N NO. 2 ------------- SE RIES OF 1978 WHEREAS, at a regular meeting of the Board of Commis- sioners of the Englewood Housing Auth ority, Englewood, Colorado, on March 28, 1978, the Board passed and adopted a resolution authorizing the notice of sale of Housing Revenue Bonds in the principal amount of $2,265,000 and setting the date of Tuesday, April 25, 1978 for the opening of bids for the purchase of bonds; and WHEREAS, the Board has determined that it is necessary to cancel the bid opening on April 25, 1978; BE IT RESOLVED BY THE ENGLEWOOD HOUSING AUTHORIT Y , ENGLEWOOD, COLORADO: 1. That the bid opening on April 25, 1978, for the purchase of Housing Revenue Bonds, Series 1978, in the principal amount of $2,265,000, dated May 1, 1978, shall be cancelled. 2. That all prior action by the Board, relating to the cancellation of the sale on April 25, 1978, is hereby ratified and approved. ADOPTED AND APPROVED this 25th day of April, 1978. ( S E A L ) • I • • -• • - COMMUNITY DEVELOPMENT MONTHLY REPORT MONTH: April, 1978 DIVISION : Housing and Redevelopment PROJECT TITLE: Housing Rehab WORK ACCOMPLISHED Eight loans were approved at the Rehabilitation Loan Committee meeting held on April 19, 1978. Three of the eight approved loans will be sweat ~quity. The total amount of money committed fr om the sortium is $192,892 (43% of line of credit). amount of subsidy money used is $47,226 (35% Grant). bank con- Total of CDBG Thirteen loans are being processed f or the May Rehabili- tation Loan Committee meeting. PROGRESS TO DATE 32 loans approved 9 complet e 13 under construction 8 sweat equity 18 subsidized interest PROBLEMS IN IMPLEJIIENTING WORK PROGRAM Most problems involve differences in inter·preting the electrical specifications, written up and bid by con- tractors to meet minimum housing code, and inspected by Building Department at final to meet NEC or new house code. Another problem encountered was differences between home- owner and contractors on what was considered a finished job with respect to craftsmanship. PROGRESS TOWARDS SOLUTIONS Held a contractors' meeting on Monday evening, April 24, and received input from contractors regarding problems encountered working in the Rehab Program. We are begin- ning work for writing a minimum remodel code. We are also working towards organizing an arbitration board to work on resolving the above mentioned problems . • I • • • • • - COMM UN ITY DEVELOPMENT MONTHLY RE PO RT MONTH: April, 1978 DIV IS ION: Hou s ing and Redevelopment PROJECT TITLE: Section 8 --Ex i sti ng Housing WORK ACCOMPLISHED Applicants are being screened for placement under the 003 contract. More interest indicator letters are being sent to applicants on the waiting list. Of the 26 letters sent early in Apri l, 13 did n ot respond, three were returned as undel i verable, seven are ready to be cert i f i ed, and three have been certified. No new leases have been s i gned. Three leases were amended. Fifteen new name s we re added t o t h e l i st in April. We were a wa rded 30 o f the 50 un its applied for on the 004 contract . Th i s al l o cation will be effective May 1, 19 78. PROGRESS TO DATE 25 units 25 leased 10 units 10 leased PROBLEMS IN IMPLEMENTING WORK PROGRAM 35 uni ts 4 leased 4 certified The ever-present problem in this program is the unavai l ability of larger units in Englewood. The Fair Market Rents are not high enou gh. Although a new FMR schedule has been promised, it has not yet been app roved , so the situation remains the same. Applicants are not permitted to p a y more than 25 per cent of their income for rent. CORRECTIVE ACTION A full time, temporary, clerk has been hired, and is now trained to the point where she can take over most of the clerical work of the office, which allows time for the proper attention to be paid to the Section 8 Existing program. • I • • • • - EXIIIRIT B m PMT I Of. 1l rE M'Nili\L r.mmu RliTJ 0.\lS CO:'ITMCT 00. DEN-666 THE HOUSING AUTHORITY OF THE CITY OF ENGLB'KX)D, COLORAOO PRQJECT NO. C099-F.048-001 Size of Units 2 ncdroom Elevator 3 13cxhoom 4 Bedroom PROJECT NO. C.099-E048-002 Size of llnits 2 nedroom 2 1\edroom Elevator 3 lledroom Size of Units 1 1\cdroom 2 BcJroom 3 JlcJroom Size of Units 1 Bedroom 2 Bedroom PRnJECT NO. C099-f:048-003 PROJECT NO. C099-E048-004 • 1'.\unber of llni ts 14 7 4 25 Number of Units· 3 4 3 10 Number of Units 10 15 10 35 Number of Units 10 20 30 I • • • • • .. • PROPOSAL FOR COMMUNITY DEVELOP~1ENT DISCHETIONARY FUNDS The Situation Northwest Englewood (the Scenic View area) contains a higher concentration of low and moderate income families and substandard housing than any other area in Englewood. Over 75% of the population in this area have incomes that are within the Federal guidelines for low and moderate income. The Rehab Loan Program and new construction in the area has had some impact as 75% of the area was judged as substandard in last year's application and the current estimate of sub- standard units is 60%. The area also faces a serious decline in school enrollment which may cause the elementary school to be closed. Citizens in the neighborhood have expressed concern for the viability of their neighborhood as they feel threatened by the school closing and encroachment by the neighboring industrial area. Contractors currently involved in construc- tion in the area have responded positively to the City's pro- posed efforts towards spurring improvements. There are 186 housing units in the Scenic View area with 75 existing building sites. The application submitted for CD discretionary funds would have the primary focus of opening up 32 potential building sites. The sites would be along the extensions of Baltic and Adriatic. By encouraging new development, the rehabilitation and new construction • I • • - • .. • • • that has a lrea dy b een done will be e nhanced an d the develop- me nt cyc le will be sparked . The rehabilitation effort will be c ontinued. The Program The request for program funds will outlil.ne a comp~:ehen- sive, but concentrated, effort to stabilize and revitalize the neighborhood, particularly in the area of housing. Specific activities and estimated costs are as follows: Streets Right-of-way purchase Street construction Installation of utilities Property acquisition (6 lots/$15,000 ea.) Relocation ($12,500/ea.) Demolition ($2,000/~a.) Park development Code enforcement Housing rehabilitation Administration & neighborhood organization Contingency funds -2- ... 90,000 123,000 113,000 90,000 75,QOO 12,000 40,000 17,000 50,000 40,000 50,000 $700,000 I • • • • • • R E S 0 L U T I 0 N NO. 3 SER IES OF 1 978 • ;oo -;-·.-r'.:-:-cr cc;.r.:.~~NI17f ·rt IJ!'"l ""f~,r ,,.. "('I \'\P•H'(f WHEREAS, on April ~. 1978 the Board of Commissioners of the Englewood Housing Authority, Englewood, Colorado, received the resignation of George Allen Johnson, as Executive Director and Secretary of the Authority; and WHEREAS, the Board has accepted the resignation of Mr. Johnson and has determined that it is necessary to appoint an Acting Executive Director; BE IT RESOLVED BY THE ENGLEWOOD HOUSING AUTHORITY, ENGLEWOOD, CO LORADO: 1. That the resignation of George Allen Johnson as Executive Director and Secretary of the Englewood Housing Auth- ority, dat e d April ~~. 1978, be effective as of May 1, 1978. 2. That Alice Fessenden be appointed as Acting Execu- tive Director and Secretary of the Aut ho rity effective May 1, 1978, unt il a permanent Executive Director has been designated by the Board. ADOPTED AND APPROVED this 25th day of April, 1978. ~:::.:~~ -_· ~c~1v e Direc~'\~ _J 2W ~ ~---ChalrJ~ • I • • • • • • • The Englewood Housing Authority Minutes of the regular meeting of April 25, 1978 were officially approved by the Commissioners on June 20, 1978 . ' /,. ,:.-: ((( ( I I Alice L. Fessenden Acting Executive Director Englewood Housing Authority I • ( • • • • CITY OF ENGLEWOOD, COLORADO BOARD OF ADJUSTMENT AND APPEALS MAY 10, 1978 The regular meeting of the Board of Adjustment and Appeals was called to order at 8:00 P.M . by Chairman Oliver. MEMBERS PRESENT: MEHBERS ABSENT : ALSO PRESENT: RODOLFO GONZALES Dawson, Brown, Leonard, Hallagin, Seymour, Kreiling, Oliver. None. Gary Pittman, Chief Building Inspector Leo Clark, Assistant City Attorney Valerie Christy , Recording Secretary 2083 W. ADRIATIC PLACE CASE fl 19-78 REQUEST: The applicant is requesting a variance to permit a 6 ft. privacy fence to be located in the front yard setback along the front property line . The fence along that property line would come no closer than 47 ft. to the corner property line of Adriatic Pl. and So. Vallejo, thus not obstructing traffic vision at that corner. This is a variance of the Englewood Municipal Ordinance, Section 3-2-3: (b),l, Fences . The property was annexed into the City in 1957 . The house was built in 1959. On September 22, 1977, Mr. Gonzales made application for a building permit for his fence. The permit was approved and issued. On December 5, 1977, Code Enfor cemen t Officer Sue Schneider received a complaint regarding the location of the fence . Upon investigation , she issued a stop work order. Upon her return to the building department, she discovered Mr. Gonzales was issued a building permit. The permit was issued, mistaking the front yard for the sideyard because of the location of the garage and driveway . The improvement survey that was attached with the plot plan clearly showed the correct yards and frontages . This is a residential zoned district. This is a R-2-C zoning district . Chairman Oliver stated that Case 19-78 ~•as continued from the last meeting of April 12 , 1978, and asked for a Motion to un-table it. Mr . Kreiling Motioned to remove Case 19-78, Rodolfo Gon z ales, 2083 W. Adriatic Place, from the Table. (1) I • • • • • - Mr. Hallagin Seconded the Motion . Upon a call of roll, the following vote resulted : Ayes: Dawson, Brown, Leonard, Hallagin, Seymour, Kreiling, Oliver . Nays: None. Chairman Oliver declared Case 19-78 un-tabled . He stated that since the evidence had already been given and public hearing closed at the April 12, 1978 meeting, the Board members had the opportunity to review the minutes of that case. He stated that this meeting wo u ld commence with the discussion by the Board. Mr. Oliver clarified the position of Mr. Birch's house in relation to Mr. Gonzales property . Hr. Oliver informed 1r. Gonzales that the building permit states on its face above the signature line that: "For all work done under this permit the permitee accepts full responsibility for compliance with the Englewood building code and all other applic able Englewood ordinances." M:r. Oliver then stated that what that was saying was, that although the permit is issued, the person receiving the permit must accept the responsibility for doing it properly. Mr . Kreiling remarked that there could be two schoo ls of thought on that, whether he willfully violated it or not. The Board discussed the s h ared responsibility of the City and Hr. Gonzales on the permit. Mr. Seymour Motioned: That in case 19-78, a variance be granted to permit a 6 ft . privacy fence to be located in the front yard setback along the front property line. The fence along that property line would come no closer than 47 ft. to the corner property line of Adriatic Pl . and So . Vallejo, thus not obstructing traffic vision at that corner . Th is is a variance of the Englewood Municipal Ordinance , Section 3-2 -3 · (b), 1, Fences. Mr. Brown Seconded the Motion . Upon a call of ro ll, the following vote resulted : AYES : Dawson, Bro'-'11, Leonard NAYS: Hallagin , Seymour, Kreiling, Oliver. (2) • I • • • • • (~ COMMENTS: Hr. Kreiling stated that the fence was well constructed and does not obs truct traffic vision, but that the • owner had stated that he would be willing to have the fence moved bac k to its proper location if someone else pays for it. He s tated t hat the Board had discus sion over the responsibili ty of the two parties involved; the City and the owner ; and for that reason it •1as his opinion that the staff take f urther action to amend the wrong they were a party to. Mr. Oliver stated t hat he felt the fence is n ot in the proper location and despite all the circustan ces involving construction where it is , this just does not seem to be a variance the Board can gran t. Chairman Oliver declared the Variance Den ied. He suggested to Mr. Gonzales to contact Mr. Pittman regarding further discussion of this matter . Mr. Gonzales stated for the record that he objected to the decision that he should have understood the wording on the perm it. He stated that he felt confiden t that the building permi t was granted because he did not r ead the ordinance nor did he think he should have read them because he felt the professional in the building department knew what he was doing . A. MeliRoy Corporation 4045 So. Elati The applicant for this variance request was not present. Mr. Kreiling made the Motion to table Case 20-78 until the June 14, 1978 meeting due to Mr. Royce Smith's absence. Mr. Hallagin seconded the Motion. Upon a call of roll , the following vote resulted : AYES: Dawson , Bro•m, llallagin, Seymour , Kreiling, NAYS: Leonard, Oliver. Case 20-78 Chairman Oliver declared Case 20-78 tabled until the June 14, 1978 meeting. (3") I • • • • .. - Chairman Oliver asked to hear any business before the Board by any unschedualed visitors . Mr. Cora requested a re -hearing of the Case 11 -78 , regarding 4725-4729 So . Lincoln, !tilton Senti, for a change of use of a Non-Conforming Use Carpenter shop to a au to s pray painting bo oth . He submitted a letter stating his request and reasons for such request to the Board. Also attached were signatures of residents of the 4700 Block of So. Lincoln who object to the paint shop. Cha i rman Oliver accepted the letter as evidence to the re quest. Mr. Cora reviewed the statements which he had included in his letter, stating that he and his mother both submitted letters of obje ct ion to the May 10, 1978 meeting and felt they had been ignored. He expressed his concern for the change of use of t he existing non-conforming use to a higher use ratin g. Also, he stated that there was to be several thousand dollars of n ew construction, and that it was his understanding that only maintenance and repair was allowed. He further stated that several new use s were being allowed including : paint shop, auto body work, storage, and parking. Mr. Bro wn asked Mr. Cora why he was not able to personally attend the last meeting. Mr. Cora stated that there had been a death in the family . Mr. Cora further stated his concern for the non-conforming use continuing for many more years if it is upgraded because of n w ~mprovements. He stated that it is the hope of residents in s ingle-family neighborhoods that have non-conforming uses that some day they they will no longer exist . He stated Lhat if the non-conforming uses are incouraged to be up-graded, they would never get rid of them. The Board members had discussion to decide if they wanted to consider gra nting a re-hearing. Assistant City Attorney, Leo Clark, recommene d to the Board to make a Motion either to grant or deny a re-hearing of this case after considering if they had received sufficient new evide nce to merit a re-hearing . Mr. Seymour Motioned : to have a re-hearing of Case 11-7 8, Ei lton E. & Robert L. Senti, 4725-4729 So. Lincoln. Mr. Halla gin Seconded the Motion . Upon a call of roll, the following vote rebulted · Ayes : Dawson, Nays . Brown, Leonard, Hallagin, Seymour Kreiling, Oliver (4) • I • • • • • • Comments: Mr . Kreiling s t at ed t h at t he Bo ard h ad f ol l owed procee dur es as r e quired b y the ordinances go verning th is organ izat ion . Th e peopl e whos e sign a tures we r e o n the list of obj ection that Mr . Cora h ad present e d had view of t he s i gn, and that he felt the sig n h ad been sufficient . He stated t hat if they had been interested they had h a d ample oppor tunity t o make their objection . Mr. Oliver stated that he felt the Board had he a r d adequate evidence. He stated that they had not heard anythin g today that was essentially different than the last meeting. He stated that he felt they granted the variance for a paint shop and despite any evidence to the contrary , it st i ll seems tha t i s what it is to be used for. He stated that the Board had taken into consideration the traffic of cars that would have to be broug h t into the paint shop and permited the addition of a fence wh i ch the Board thought would help mitigate the effec t to the n e ighbo r s . Chairman Oliver stated that the Board had voted not to g ran t a Re-Hearing of this Case 11-78 . -------------------------------- Co rrections to the minutes of Ap r il , 197 8 are as fo llows: Page 2 , paragraph 9 should read : Mr . Brock stat e d ..... Pag e 20 , paragraph ll, should read : Na y s : Seymour . It was moved and seconded that the Minutes of t he Apr il , 1978 Board of Adj ustment and Appeals meetin g s t a nd app r ove d with corre ct ion s. Upon a call of roll, the following vote resulted : Ayes : Dawson, Brown, Leonard, Hallagin, Seymo u r , Krei l ing , Oliver . Chairman Oliver declared the April, 1978 Minu tes ap proved. There being n o further business before the Bo ard , Cahir man Oliver declared the Hay 10, 1978 adjourned at 9:30P.M. ---------------------- Valerie Christy Recording Sec re tar y (5) • I • • - • \ • • • - CITY OF ENGLEWOOD, COLORADO BOARD OF ADJUSTMENT AND APPEALS SPECIAL MEETING JUNE 1, 1978 The special meeting of t he Board of Adjustment and Appeals was called to order at 7:00P .M. by Chairman Oliver. · MEMBERS PRESENT: MEHBERS ABSENT : ALSO PRESENT : Dawson, Brown, Leonard, Hallagin, Seymour, Kreiling, Oliver. None . Gary Pittman, Chief Building Inspector Valerie Christy, Recording Secretary Chairman Oliver stated that the Special Meeting had been called to discuss the following topics: 1 . To determine the Board of Adjustment's jurisdictional powers to hear the Capital Alliance Case.(701 W. Hampden Parking Structure) 2 . To determine if new evidence has been submitted to t he Board of Adjustment to justify the re -hearing of the Robert Senti Variance for a spray paint booth(4725-4729 So . Lincoln. Chairman Oliver reviewed the two reason why the Board dismissed the Capital Alliance Case at the last meetins. Those reasons being : 1 . The Board did not have adequate information for determining whether they had jurisdiction to hear the Case . 2. The Board did not have time to secure information or hear the case that night . Chairman Oliver then open ed the session for discussion on whether Capital Alliance has the right or interest to request a building permit. The Board discu ssed and reviewed the L as . ( 1) • I • • • • ,. - The Board had aske d fo r clarification of the City's 0\vnershi p of the parking structure. Mr. Pit tma n, being advise d by Leo Clark, Assistant City Attorney, stated t hat orginally, the City owned t he land on which Cinderella City now stands. The prop e rty was sold t o New Englewood Limited, a nd then the parking struc t ure and l an d o n which t he parking structure stands wa s deeded back to the City of Englewo od . Therefore, t he parking structure is City owned. The Board had further discussion o n t he varing e ngineering reports, the relationship of Ca pital Alli a nce and New Englewood Limited, the o n -going repai rs and maint e n a nce of Ne w Englewood Limited a nd the propose d shorings of Capital All ian ce. The Goar d also discu sse d their juris diction to hear cases conce r n i ng City owned p roper ty and t he possibility of making a recomme ndation to the City Council. The Board also reviewed the City Hanager's le tt er of October 19, 1977, addressed to Capital Alliance Co. concerning the agreement between the grantors Ca pital Alliance Co. a nd Ne w Englewood Limited in the Dee d. The letter stated t hat the City of Engl ewoo d e xpressly reserves the right to give notice of non-compliance of the grantors in accordance with the terms and conditions of the Deed and Agre eme nt and require the Grantors to fully comply with all of the obligations under the said terms of the Deed and Agre e ment. The Board had further discussion on their jurisdiction to hear t he cas e . The Board held a brief recess from 9 :20P .M. to 9 :35P.M. All member s ret urned e xcept Mr. Seymour, who was not able to be present during the entir e proceedings. Mr. Kreiling made a motion that after having reviewe d the minutes of the April 12, 1978 regular meeting of the Englewoo d Board of Adjustment and Appeals, the Leas e dated Dec em ber 15, 1965 between Capita l Alli anc e COI Dpany a nd New Englewood Lir.1ite d, and the Deed and Agreement date d November 3, 1968 betwee n Capital All ianc e Company and New Englewood Limited and the City of Englewood, the existi n g buiJding permits issue d to New Engl e\v ood Limited an d Ol son Construction Company dated March 2, 1978 and March 31, 1978 , and t h e e v idenc e suboitte d on April 12, 19 78 by Mr. Berardini and Vr. Gentr y, ,,.e find the applicant , Capita 1 Alliance Co mpany, does not have su~fic ient standing as an aggr i eved part ~ relative to the repairs to th e parkin g structu re , to se ek a h ea ring before t his Board an d we therefore do not have juris dicti on in this case and the P tition for a Hearing is Denied. !-lr. Br c.m !'L o n ded the ::otion. rp o n a t~ll o f the roll, the following vo~e resulte d: P.)e S : ::l a •.-:;,on, Bro;..'T1 , Leonard, HalJagi n, Kreiling, Oliv r. (2) • I • - • • • • Nays: None Comments : Chairman Oliver expressed Mr. Seymour's op1n1on that he was not in favor of hearing the Capital Alli ance Case for him since he was not able to stay for the vote. Chairman Oliver declared the Petition for Hearing Denied . Chairman Oliver discussed the new evidence which Mr. Cora had submitted to the Board for consideration of granting a re- hearing in the Robert Senti Case on the Spray Booth at 4725-4729 So. Lincoln, stating that there was a list of nei ghbors to the subject property saying they object t o the installation of a spray paint booth at 4725-4729 So . Lincoln St. Hr . Oliver discussed the submitted letters requesting reposting of t he property. The Board Members discussed with Hr . Pittman the wording of the original posting. Mr. Pittman stated that he felt that the sien had been properly worded . Chairman Oliver also discussed the letter of the past tenant of the carpenter shop. They compared the contents of t he let te r and the past testimony of Mr. Senti regarding the vacancy of the building before requesting the change of us e . The Board also discussed the letter of approval submitted at the original hearing by an adjacent neighbor. Mr. Brown Motioned to Deny the request for Re-Hearing of Case 11-78, Robert and Milton Senti, 4725-4729 So. Lincoln St . for a auto spray paint booth, for the following reasons: 1. The new evidence does not warrant the re-opening of another public hearing. 2 . The Board feels their first deci sion is still the riGht decision . 3. The people (neighbor s) had a n opportunity to appear at the first public hearing and ask questions or object . Only one objection was received by letter. Mr. Halla gin Seconded th e Moti on . Upon a call of the roll, the following vote resulte d : Ayes: Dawson, Brown, Leonar d, Hallagin, Kreil ing, Oliv er. Nays : None. CoTTlT!lents: l r . Kreiling stated that :•rs. Cora's letter of objection was well considered at the original hearing before making their decision. (3) • I • • -• • • Mr. Oliver stated that after reviewing all new evidence submitted ' by Mrs. Cora and her son Mr . Cora, and reviewing the procedures of the Case 11-78, he felt that the applicant had followed all proper procedures, including that of posting, and that those in objection had every opportunity to make their objections at the proper time. • Mr. Oliver stated that Mr. Seymour had stated his oosition that he felt that the Board should de~y the request for re~hearing of the Senti Case before he had to leave. There being no further business before the Board, Chairman Oliver declared the Special Meeting of June 1, 1978 dismissed at 10 :00 P.M. Valerie Christy Recording Secre t ary (4 ) • I . - • • • • I CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION May 16 , 1978 4 D I . CALL TO ORDER, The regular meeting of the City Planning and Zon ing Commission was called to order at 7:00 P.M. by Chairman Owens, Members present: Draper, Lathrop, McClintock, Owens, Parker, Pierson, Smith, Tanguma Wanush, Ex-officio Members absent: Williams Also present: ftssistant Director Romans ; Associate Planner Steve House II. APPROVAL OF MINUTES. Chairman Owens stated that the Minutes o f April 18, 1978, and May 3, 1978, were to be considered for approval. Lathrop moved : Tanguma seconded: The Minutes of April 18, 1978, be approved as written. AYES: Draper, Lathrop, McClintock, Owens, Smith, Tanguma NAYS: None ABSTAIN: Parker, Pierson ABSENT: Williams The motion carried, Smith moved: Draper seconded: The Minutes of May 3, 1978, be approved as written. AYES: Pi ers on, Smith, Tang uma, Draper, Owens NAY S : None ABSTAIN : Parker, Lathrop, McClint ock ABSENT: Williams The motion carried, III , ZO NIN G DESIGNATION Santa Fe Annexation - ~orth and South : I-1, Light Industrial. CASE #4-78 Mr . Ow ns reviewed the procedure that will be followed in the Publi c Hen ring before the Planning Commission. Mr . Ow e ns then ask d lor a motion lo open the Public H aring . • I • • • .. • -2- Pierson moved: Draper seconded : The Pu bl ic He aring on Cac;p #4-78 be opened . AYES: Tanguma, Draper, L athrop , \fc'Clintock, Owens , Pa rk er , Pierson, Smith NAYS : None ABSENT : Williams The motion carried. Mr. Smith stated that Mr . Mark Hannen, legal cou n se l f o r the petitioners for anne xatio n, is also h i s per s onal a t t o r ney , To avoid any possible co n f l i ct of interest , he would e x c use himself from the meeting a nd any consideration of th is z oning matter. Mr. Smith th e n l e ft the meeti n g , Mr. Owens asked that the s ta ff p resent t h e report perta ining to Case #4-78. Mr. Steve House was swor n in , and te sti f ied that he is th e Associate Planner in the Department of Co mmunity De v e l opme nt . Mr. House testified that t h i s zoning a c tion i s r e q uire d by the Comprehensive Zoning Ordin a n ce r e gula t io ns, which s t ates that all property within the Ci ty of En g l e wood s h a ll be z on e d. Mr. House stated that th e ma tter of annexati on o f the se pro per t i e s is still under considerat i o n by th e Ci t y Co unc il, b u t the zoning process can begin with t h e Planning Co~nis s ion b e for e f in a l determination is made on th e a n nexa tion. Mr. Hou se test ifie d that the properties wer e po s ted givi ng not·ce o f the Pu b lic Hearing for a period o f 1 5 da ys, and a Public No t ice was p ub- lished in the Englewood Herald Se ntinel a minimu m o f 15 days prior to the Hearing , Mr. Hous as k ed that t he s t aff re port which was sent to each o f th e pe tition er. as wel l a s to the Commission be entered in to t h e recor d of the Hear ing , T h e r e are two separate ar e a s that are being considere d for a nnexat ion ; these a r e d esig na ted as Santa Fe Annexat ion North a nd San t a Fe Annexation So u th. The parcels con taine d i n t h e north a nne x a tion ar ea c o mpr ise a total o! 3 ,3 acr e , wh~l e the par ce ls o f l a nd contained i n the so<.~tl' am.exation area comprise 24+ acres . There are three oroperty 0wner s who h ave p e titioned f or a n n e xa tio n in the "north" area, apd the own ers of eight o f t he n ine pro p erties in the "so uth" annexat ion area have pet i t ione d f o r a nnexa tion . M1. House stated tha t the size o f t h e par ce l s r a n ge f rom f1v n to 10 acres !or t h e l arg e r pro pert i es , down to approxi mately one acre on some of the s ma lle r proper ties . The u ses on these parcels are va ried, and Mr. Hous e c i te d a l ist i n g of the uses contained in th e staff re por t . Mr. Ho u se st ated that the e are no hea vy in- d u str ia l u ses in t his a rea, and the uses range from a s ing l e- fa mil y r es ide nt ia l u se to a medium-i ntensity light manufactur i n g u se . • I • < • • • - -3- Mr. Hou se stat d t hat th ese properties were included in an annexation attempt in 1971, at which time th e pro posed annexa- tion would have encompassed 180 a cres . Problems arose with this annexation propo al, and it was not pursued. In 1973, ~here was again an attempt to annex this entire area; the annexa~ion by th City of Englewood was challenged in Court, and the annexation was declared inva lid. The staff is recommending that the area encompassed in both the north and south annexations be classified as I-1, Light Industrial. Mr. House cited the fo llowing reasons for the stall recommendation: 1. The location of the land and the ex isting development contorm to the 1-1, Light Industrial Zone classification, and would be an extension of the I-1 Zo ne classification which has been applied to lands within the City of Englewood, which lands are adjacent to the subject area on the east and south. 2. The p1·oposed I-1 Zone District will complement the Generalized Land Use Plan for the adjacent areas in the City, as set forth in the 1969 Comprehensive Plan. 3. Because of the proximity of existing industrial development, the railway lines and South Santa Fe Drive, the area does not lend itself to e ither commercial or residential zoning and with the efforts to improve the quality of development in the South Platt River valley, uses o f th intensity of those permitted in the 1-2, Heavy Industrial Zone District would not be desirable. 4. Any vacant land within the subject area can be reasonably developed under the provisions of the 1-1, Light Industri a l Zone District. Mr. House stated that there would be two non-conforming resi- dential uses in this proposed I-1 area; h owever, if tPese units are occupi ed by a care-taker, the residential use would be permitt d as an accessory to the principle use. Mr. House stated that th r has been some discussion concerning whether or not a lib r glass operation would be permitted in the I-1 Light Industrial District. The staff is of the opinion that th us is c ompatible and is p rmitted in the I-1 Zone District. Mr. Hou se point d out that th re are three existing operations of a similar typ in the 1-1 Zon e Distric t. Mr. House stated that the storag of damaged v hicles has also been a matter of discussion; two prop rti s are presently used in this manner, and the staif will have to do further analys i s to determine the exact natur of these uses. 1r. House pointed out that the -1 Zun · Di&tr.t. t wa& r ccntly amend d to allow auto wrecking as a Condit1onal s , and if it is determin d that these two properti s ar ind•ed used as auto wrecking yards, there should b no problem iJ they ar brought into conformance with th Automobile lrecking Junk Yard Ordinance. Mr . Draper .t.nttUJ.rcd Juout tht: property own d by a Mr. Coffelt, which appl':\I'S to b "p 1\lnsula '; he inquir d as to which • I • • • • - -4- jurisdiction would control pro pert ies on c thnr side of this land? Mr. House stated tha t Sher idn will h<l\< con trol of the land on either side o f Mr. Cof felt '~ pro r0r ty Mr. Owens asked which property th at ~a d been inc lude d in the Englewood annexation peti tion h as now b E>e n pe tition e d f or annexation to Sheridan? Mr. Wanush statrd that th is property is that owned by Mr. Kno edler, which was included with the eight other properties in the Ann exation South area . Mr. Wanush stated that he felt any determination the Co mmission may mak e on the zonin g, shoul d be made with the realizat ion that Mr. Knoedler's pr o pert y may not h e annexed to the Ci ty of Englewood , Mr. Parker asked i f the Ann exa tion North area had suff icient c ontiguity to c o mply with the Annexat i on Act? Mr. House stated that the Annexation North area do es have l /6th contig uity on the eastern border. Mr . Owens asked for the appli cant's statement , Mr . Mark Hannen Suite 900 333 West Hampden Avenu e -was sworn in, and stated that he is r epresenting the property owners wh o have petitioned for annexation o he City of Englewood , Mr . Hanne n pointed out that Mr. Kno edler d id no p et ition for annexation to the Ci ty, and th ::t t he does no t represe nt Mr. Knoedler. Mr. Hannen stated th at during the l as t several months, these property own ers hav e b en discu ssi ng annexati on to the City of Englewood ; their int ere t in annexation was precipitated by a fire at the Gr eek Vill ag resta urant; these property owners want fi r e protection, and lower fire insurance rates. These property owners fi l ed p et it ions requ e~ti ng annexati on to the City o f Englewood, and have the und erstnnding that they will be per mitted to continue their ex iqting businesses as conformin g uses. Mr. Hannen stated that the on1ng in Ara paho e County has been B-4, Intensive Business , fo~ 150 to 200 Jeet west of Santa Fe, and the back portion of th e prope rties w~s zoned I-2 , Heavy Industrial . Mr, Hannen poin• d out th:'ll , in ge neral, the land uses are li g ht business and m uf cturinr. Mr . Hannen stated that Mrs. Royce has be en co1 <>rn~ a lout t he use of her land following annexation to the C1ty o Fngl wood; her property is used f or fiberglass manufa ctur ing. The us is c onducted ~ side the building, and Mrs. Roy cp works VN' ·lose ly with the Handicaps, Inc ., which is next door, r. Hnn •en note d that the I-1 Zone District specificall y exc udes the process of "g lass manufacturing ". Mr. Hannen stated th:>t D<>nv<>r has ta k e n the position that fiber glass manu fa c ln ·inr, i n l o rrn of g lass manu- facturing , Mrs. Royce is concerned that Fngl0wood wi ll take a simi l ar position to that of Den vel , and ll at hPl bus iness will be a Non-conforming Use in the I -1, [.ighl I nctus trinl Distr ict. Mr. Hannen stated that this matter ha~ bP<n disru~sed br iefly with City Attorney Berardini , but as yet he has nol rendered a formal opinion . If his formal opinion is that I ber Hlass manu- facturing is a part of th gL1ss rna 11 f :-tc t U T'l n~ hus 1 n ss, a n d • I • • • • • .. • -5- is proh ibi t d in the I -1 Zone Di strict, Mrs. Royce would the n r quest an I-2, Heavy Industrial, Zone classification for her 1 rope rty. Mr. Hann e n not d t hat Mr. Tague has stabl e d two hors es on his property for some time, and wa nts to be able to continue to do so. M1 llann n stated that he was a ware o f the Englewood Ordina nce p rtaining to prohibition of certain animals, etc., and ask ed if there c ould be any assura nc e given that Mr. Tagu e c ould k eep th two horses? He stated that if Mr. Tague can not k eep the an~maJs, h e would want to withdraw fr om the annexation peti tio n . Mr . Owens ask ed if there we r e q uestions of Mr. Hannen from the Commis sion? Mr. McClintock asked if t hese p roperty owners that have now petitioned Englewood fo r a nnexation were opposed to the an nexa- tion in th e 1973 att e mpt ? Mr . Hannen stated that he understood there was a la rge block of properties that were opposed to tte annexation in 1973 --the larger properties did not want to be annexed by Englewood. Mr . Ha nne n stated that he understood the oper ati ons such as gravel yards and auto wrecking opera tions were attracte d to Sherida n wher e they could get "mor e liberal treatment." Mr . ow ens inquired about th matt er o f stabling horses on the property? Mr . Wanush stated th at the Compreh e nsive Zoning Ordinance do es not conta in any prohibition agai nst animals . There is a nu~s a nc e ordinance pertaining to animals, and that no guarante could be given that there would not be a complaint f iled a ga i nst the keeping of thes e animals if the premises are not well maintained. Mr . Lathrop ~nqu~red as to the fiberg lass business; he as~ed if it contr~buted to air pollution etc ., in that partic l es might escape into the air. Mr. Hannen stated that the opera- tions are fully enclosed within the building, and that it seems to b e a very clean operation. Mr. Wanush stated that this business has b en inspected by both the Code Enforcement Division and the Fire D partm nt, and both departments feel that the operation is c lean an d soun d; whatever du st, fumes, and other forms o1 pollution there are, are conta ined on site. Mr. Owen s inquired ~f there were other f iberglass operations in tho I-1 Zone District? Mr. Wanush stated that there are, and th e staff feels that this is a permitted, conforming use. Mr . !Iannen stat d that he felt it is a matter of how glass manutacturin~ ~!> Interpreted. Mr. Jam s Verdos 6476 So uth St ee l e -bLat d that his property is in the Annexa- tion North area, along with properties own d by Mr . K~ttle o.~ud Mr Royce. All those property owners agreed they want d lo o.JnnuA to Eng l wood. They have no ob- • I • • - • • • ,. - -6- jection to the propos ed zoning, so long ns the fiberglass operation is determined to be a COlJi'or mi 11g us in the I-1 District. Mr. Owens asked if anyone else wished t o speak in f avor o f the proposed zone desi gnation? No one wishe d to spea k in favor of the zoning. Mr. Ow ens then asked i f there was any one who wished to speak in opposition to the propose d z o ne designation? No one in the audi ence wish ed t o spe ak in opposition. Mrs. Pierson asked if the Comm ission n ee ded to address the matter of fiberglass manu facturing be i ng p ermitte d in th e I-1 District? Mr. Wanush stated that ~e s taff feels t hat it is a permitted use . The Compr ehensive Zon ing Ordinance does per- mit the Planning Commissio n to make a determination on a use that is not specifically mentioned . Mr. House noted that the Engl ewood businesses which use fiberglass in their operation are Fiberglassi cs --1101 West Dartmouth Avenue, Fibersh een in the 1000 b lock of West Stanford Avenue, and Unique Mobility in the 3700 block o f South Jason Street. Mr. House discussed the process h e understood was fo llowed by Mrs. Royce's business ; a resin is placed on a mold, and sprayed with a fixativ e; the molding is don e rig ht on the premises. Discussion ensued . Mr. Hannen stated that the fiberglass is manufacture d in sh ee ts ; these sheets are fit ted to the mold and sprayed with the resin . The busine ss is essentially the forming of th e fiberglass sheets into fi nished products. Mr . Lathrop asked who was furnishing wa ter and sewer service to this area? Mr. Wanush stated th at this issue does not relate to the matter of z onin g , bu t is a separate matter be- fore the City Council in their co nsidera tion of the annexation. He then explained that presentl y, tlw area is served by Denver Water from a 3 " line in Sou th Sa nta fe Drive. One ol the terms the City Council has consi dered in annexing th is area is the installation of an addi tional water line to e nsure proper fire f low in this area. He stated tha t he thought that Englewood provided sew er servic Pierson moved : Tanguma seconded : The Pu blic HPnr ing 011 Cac,p #4-78 be closed. AYES: Tanguma, Draper, Lathrop , tcCJ1ntock, OwPns, Parker, Pierson NAYS: None ABSENT: Smith, Williams The motion carried. Mr. Owens asked the pleasure of zoning designation? 01 nn he matter • I • • ( { • • • - -7- Mrs. Pi erson stated that sh felt the matter of fiberg lass manufacturin g in the I-1 Zone Distric t should be addressed. Di sc us s io n n sue d Pierson mov ed Tanguma seconded: he business of molding, processing and working wi th fib erg l ass is a p e rmit te d use in t he I-1, Light Industri a l Zon e District. AYE S : Draper , Lathrop, McClintock, Owens, Parker, Pierson , Tanguma NAYS: Non ABSENT : Will~ams, Smith The motio n ·ar1ied, Tanguma mo v d: McClintock s conded · The Planning Co mmission recommend to City Counc il that upon an nexation to the City of Englewood, the property in Santa Fe Annexation North and in Sant a Fe Annexation South be zoned to I-1, Light Industri al for the r0 asons c ited in the staff report for Case #4-78 . AYES: Pi erson, Tanguma, Draper, Lathrop, McClintock, Owens, Park er NAYS: Non e ABSENT: Smith, Williams The motion carri d. Mr. Ow e ns announced the Co mmission deter mination, and stated that the matt er wi ll be referre d to City Counci l. I V , DIRECTOR'S CHOI CE. Mr . Wanush stated that he had nothing to bring before the Commission. V. COMMISSION 'S CHOICF:, Mr. Owens reminded torun_•sion members of the breakfa st meeting at Sw edish Medical Cent r on May 20th, at 7:30A.M. Members are asked to me et in th main lobby. Mr. Ow ens commended Mr . Wanush on t h e award he received at the 7th Annual Colorado Ur~d n t onlerence . Th m ting adjourned at 7:4 0 P.M. • I • • • • • MEMORANDUM TO THE ENGL EWOO D CITY COUNCIL EGAR DING ACTI ON OR RECOMMENDftTION OF THE CI TY PJ, NNL'C. A.'D Z NING COMMISSION. DATE: May 16, 1978 SUBJECT : Zone Design ation RECOMMENDATION: Tanguma moved: McClintock seconded : The Pla n ni ng Commi sion r€'co mmend to City Cou n cil that upon nnne.·a tion to the City of Englewood , the pro pe rty in Sautn FP Annexat ion North and in Santa Fe Annexation South l•€' zone<l to I-1 , Light Industrial, f or the r easo ns cited in the sta ff re port for Case #4-78. AYES: Pierson, Tanguma, Dr aper J,athrop, .lcClintock, Owens, Parker NAYS: •None ABSENT: Smith, Williams The motion carried. By Order of the City Planni ng and Zoning Commission. / -·y . /• ·-<" .. / "• ,) • I . ( ( • • • - CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION MAY 23, 1978 I. CALL TO ORDER. The special meeting of the City Planning and Zoning Commission was called to order at 7:10 P.M. by Chairman Owens , Members present: Owens, Parker, Pierson, Smith, Tanguma, Williams, Draper, Lathrop Romans, Acting Ex-off icio Members absent: McClintock Commercial/Industrial Committee members: Blomberg, Howard, Green, Bush, Waln, Carlberg II. COMPREHENSIVE PLAN REVIEW Commercial/Industrial Re- view Committee Report Mr. Owens turned t he meeting over to Mrs. Pie rson who had served as Chairman of the Commercial /Industrial Review Com- mittee. Mrs. Pierson stated that the committee met approxi- mately 20 times, and that there had been good atte ndance by the members. On-site inspections were conducted by the me mbers of this committee throughout the areas zoned B-2 , Business and 1-1 and I-2, Industrial, and land use maps of the areas were marked to indicate those uses that were good, and those that wer e in need of improvement. The Commercial areas were divided into eight sub-areas for purposes of this study, and the Industrial areas were divided into four sub- areas. Mrs. Pierson asked Mr. Bill Howard to make the formal presentation to the Commission. Mr. Howard indicated maps of the B-2, Business, and 1-1 and I-2, Industrial, areas of the City. He pointed out the sub- divisio n s these areas were broken into for the c omm ittee to study. Mr. Howard reviewed the following recommendations of the Com- mercial Review Committee: 1 . THERE IS A NEED FOR AN INCREASED AND MORE DIVERSIFIED TAX BASE. Mr. Howard discussed the fact that Englewood has been desig nat ed as one of the thirtee n major activity centers in the Denver Metropolitan Area. He pointed out that there is potential to upgrade the B-2, "strip" commercial areas, but this will re- quire cooperation between the City and the private sector . 2. A SITE OR DESIGN REVIEW COMMITTEE MUST BE ESTABLISHED. Mr. Howard noted that whether this committee is appointed as • I • • -• • - -2- is the Planning Commission, whether the Plannin g Commission itself serves as the review committee, or whether the staff assumes this responsibility, it is not important at this poin t. The present procedure applied to new developments does not in- clude design review . The Commercial Review Committee feels that the design review process is needed and should be made a part of the process all new developments must go through . He stated that they feel this would be especially important for Planned Developments and Mixed Use District developments . 3. CODE ENFORCEMENT IS IN NEED OF STRENGTHENING, AND SHOULD BE EMPHASIZED IN ALL OF THE COMMERCIAL SECTIONS. Mr. Howard stated that the Committee f ound several areas wh ere outdoor storage is occuring ; this is not permitted by the zoning classification, and these property owners should be fined and made to clean up the property. He stated that he fe lt there is a need for more inspections, and closer analysis by the staff, but he pointed out that there is the ma tter of budget and staff that must be taken into consideration . He stated that there ar e a lot of violations occuring along the Broadway/Acoma and Broadway/Lincoln alleys . Some property owners on Broadway have purchased additional land on the other side of the alley to use for storage, which is in viola- tion of the Zoning Ordinance. He stated that he felt that these businesses that are doing well, and need to expand, should be encouraged to expand at their present location, or, if there is no land available, they should be encouraged to move to a larger site . He stated that he felt there are ways llie City can work with these property owners to the mutual benefit of the City and property owner. 4 . IN AREAS WHICH PRESENT VISTAS OF ASPHALT AND CONCRETE, FOR EXAMPLE THE FORMER GEM STORE, BUSINESSMEN SHOULD BE ENCOURAGED BY THE ClTY l'O MAI NIA IN CITY-PROVIDED LAN!}- SCAPING AND TREES. Mr. Howard discussed the $400,000 surplus funds that the City Council has considered. He stated that he feels some of these f unds should be set aside for a contingency fund; but he also feels very strongly that some of these funds should b e designa- ted for trees and shrubs, etc. that could be given to property owners to landscape a nd beautify their sites . Mr. Howard pointed out that the betterment of the quality of life in Englewood is one of the goals of the Comprehensive Plan . Mr . Howard pointed out large areas of black-topping for parking and a nother large area in roof tops and stated that these areas are in dire need of beautification. Mr. Howard stated that landscaping and beautification is needed for aesthetic purposes, as well as for the biological effect on the air. • I • • • ,. - -3- 5, A SEARCH COMMITTEE SHOULD BE APPOINTED TO SEEK OUT BUSINESSES WHICH WILL COMPLEMENT EXISTING BUSINESSES AND INSTITUTIONS SUCH AS THE SWEDISH MEDICAL CENTER /CRAIG REHA BIL ITATION COMPLEX, Mr . Howard stated that there are "focal points" around the City such as the Swedish Medical complex, and that supportive uses should be encouraged around such focal points. He stated that the R-3 Zone District is a good zone classification to have around the hospital in that it allows multi-family units and office buildings; but does not allow some uses such as restau rants which could be an asset to that area . Mr. Howard pointed out that for individuals from out of town who may have a member of the family in Swedish Medical Center or Craig Re- habilitation Center, it is extremely difficult to find a place to eat or sleep within walking distance of either hospital , Such supportive uses should be encouraged through adoption of goal s and policies by the Planning Commission . Mr . Howard stated that the Mixed Use District could be brought into ef- fect in a situation such as this, where a restaurant might be appropriate in one particular area, but not another , and could be permitted by this process. Mr. Howard state d that an adopted goals and policies statement would also give the City a document that could be enforced. Mr. Howard state d that he fe lt a Search Co mmi ttee c ould be good in seeking out specific supportive uses or specific types of business that the City might be in- tereste d in attracting , 6. THE ZONING ORDINANCE SHOULD BE AMENDED , EXISTING USES SHOULD BE REVIEWED AND OIANGES MADE WHERE NECESSARY; A MIXED USE DISTRICT SHOULD BE DEVELOPED, AND PERFORMANCE STANDARDS SHOULD BE ESTABLISHED WHICH WOULD REQUIRE SET BACKS AND A PERCENTAGE OF THE SITE TO BE LANDSCAPED. Mr . Ho ward discussed landscaping and open space requirements in Arapahoe County, Greenwood Village, and other jurisdictions . Mr. Howard stated that the landscaping requirements could be written into the Zo ning Ordinance so that developers of all new developments would be aware of the standards they must meet. Mr. Howard stated that Englewood does not have the reputation of being the most welcoming or easiest body to work with in the way of rezoning or new development, Mr . Howard stated that he felt this attitude should be analyzed and changed if at all possible. Mr. Howard stated that he felt it was very evident that there wa s a climate much mor e conducive to new development several years ago, or Englewood would not have been designated as one of 13 major activity centers in the Denver Metro area. Mr. Howard stated that he felt part of the bad publicity for the City was the result of the aborted Core Area Plan; he stated that if the City expects to grow, effort must b made "to erase the memory of the Core Area Plan", and that the City needs to get back on a reasonable and timely scale, • I • • • - -4- Mr. Howard procee ded to discuss the recommendations of the Industrial Review Committee. He pointed ou t tha t about 15% of the total acr eage of the City is zoned for i ndus trial de- velopment. Mr . Howard stated that while Englewood has a n ight - time population of 35,000 to 40,000, it rises during the day to a peak of 80,000 , This is a result of the retail sa l es and job market opportunities in the City, Mr. Howard pointed out that Englewood has a high percentage of elderly citizens, but there is a diversity in age groups. Mr. Howard stated that be felt this diversity in age groups l ends itself to a great potential of transition --realtors ar e purchasing home::; that are being vacated by the elderly for investment; hom es are being purchased for rentals with no improvements being made to the structure, which leads to run-down or sub-st andard housing. He pointed out that he feels now is the time to make changes and improvements in the City. Mr. Howard not ed that there is property under one ownership in the Indus t ria l area in Northwest En g lewood that could be developed as a mixed-use Planned Dev e lopment. This land fron ts on Wes t Evans Avenue and lies between South Tejon Street and Sou th Rari tan Street; We st Adriatic Avenue bisects this property, and with efforts made to va cate this right -of-way and the adoption of a new Mixed Use District, a very interesting development could occur , Mr. Howard pointed out that the use ~ a Special Permit System, Planned Development or Mixed Use District would add flexibility to the traditional zoning system, Mr . Howard cited the following general recomm endations from the Industrial Review Committee : 1. THAT THERE EXISTS A GREAT POTENTIAL FOR INDUSTRIAL GROWTH IN THOSE AREAS OF THE CITY NOW ZONED FOR INDUSTRIAL USE. 2. THAT ENGLEWOOD IS IN A TIMELY SITUATION FOR PROPER PLANNING SINCE MUCH OF THE OLDER AREAS ARE IN TRANSITION. THUS, GOOD PLANNING NOW WOULD ENSURE SOUND DEVELOPMENT FROM THE POINT OF VIEW OF THE RESIDENT, LANDOWNER AND BUSINESSM A • 3 . niAT IN TifE MAIN, PRESENT ZONING APPEARS TO BE SOUND , BUT THAT THERE ARE SOME SPOTS WHERE REZONING WOULD B ADVANTAGEOUS. 4. THAT THE USE OF PERMIT SYSTEM AND /OR P .D. PLA S ALONG WITH THE PRESENT ZONING REGULATION BE CONSIDERED I N MANi OF THE CHANGING AREAS, 5. A LANDSCAPE MAINTENANCE ORDINANCE WOULD BE BENEFI CIAL IN SEVERAL INDUSTRIAL AREAS ADJACENT TO RESIDENCES. A PLAN TO LANDSCAPE A SITE INITIALLY IS ONLY VIABLE WHEN TifE LANDSCAPING IS ~~INTAINED. 6. A REVIEW OF STREET PAVING PROGRAMS IS NEEDED AND A GRADUAL PAVING PROGRAM IMPLEMENTED TO ENCOURAGE NEW BUSINESSES . 7. CLOSER ADHERENCE TO APPROVED PLANS AS WELL AS STRICTER CODE ENFORCEMENT APPLIED TO MANY EXISTING BUSINESSES • • I • • • • - -5- 8 . ENGLEWOOD BADLY NEEDS A COMPLETE INVENTORY OF ALL COMMERCIAL AND INDUSTRIAL SITES NOW VACANT AND AVAILABLE FOR DEVELOPMENT. 9 . THE CITY SHOULD TAKE OVER ALL SPECIAL WATER AND SANITATION DISTRICTS WITHIN THE CITY. Mr. Howard stated t hat the Commi ttee recognized t he fact th at land is t oo costly to require a great deal of landscaping, but t hey d o fee l that there can be some l an dscaping requirements, and that th is can be accomplished by the property owners , M~ Howard pointed out that one of the concerns voiced by the com- mittee was that the landscaping be maintained in a healthy, ~rowing condition after it was planted. The need f or street paving program review was discussed by Mr. Howard and Mr. Waln, Mr. Waln stated that he has had many difficulties in attempting to get the streets adjacent to his business pave d , Mr. Howard pointed out that in t h e north- west Englewood Industrial area, there are vacant sites that could attract good business uses if the streets were paved. Mr. Howard discussed the need for an inventory of vacant sites particularly in the commercial and industrial areas. He stated that h e felt thi s could be done in cooperation with the South Suburban Board of Realtors, and would be a step in the right dir e c t ion to provide a "welcome climate'' for new developers if they had a "ba nk of informat ion" they could have access to, Mr. Howard then discussed the need for the City to assume the special water and sanitation dis tricts within the City of Englewood. He pointed out that there are areas within the City of Englewood that are within special districts and that th e fact these special districts are autonomous can stymie development, He pointed out that he had worked with a parcel of land that the property owner wants to sell, but because it is wi thin a special water district, the sale and development of that property was blocked because of a moratorium on water taps . He strongly urged that the City look into the assimilation of the spec ial districts. Mr. Howard asked i f the Commission had questions on the report? Mr. Williams commended the memb ers of the Review Committee on the excellent work they have don e . Mr. Owens agreed with Mr. Willia ms, and commended Mr . Howard on his presentation, Mr . Smith inquired if there was any discussion or consideration on a spec ial ordinance governing commercial rental property? Mrs. Pierson stated that the problem of the absentee landlord was discussed, but not to the point of a special ordinance to contro l commercial rental property , Mrs, Pierson stated that he fe l t the recommendation on a landscaping maintenance ordinance would at least provide a means to keep the grounds maintained. • I • • • • • - -6- Mr. Howard pointed out that in e v ery community, it is v e ry difficult to get people to main tain the outs ide of the buil d - ings. He stated that, insofar as be knows, the only le g isl ation now is the Building Code regarding maintenance of stru ctu res . If the building is not in conformance with the Bui ldi ng Code , it can be red-tagged . Mrs. Carlberg stated that there ar e ordinance s on the book now, but that enforcement appea rs to be based on a compl ain t only situation. Mr. Smith asked if other cities had been researched to see what ordinances they might have on the books that would apply to rental property . He discussed an ordinance in Richmo n d, Washington, requiring an inspection between tenants. Mrs. Romans stated that a similar program was considered in Englewood, but that it was not implement ed due to the opposition o f the property own ers . Mr. Smi t h stated that in Richmond, Washingto n , there wa s a fine levie d on the property owner for lack of notif ica - tion on change of tenants. Discussion e nsued. Mr. OWens quest i o ne d th at this would be a viab l e solution . He poin te d ou t that this would l ead to mo re government control, and would l ead to an escalation of costs. He stated that he felt there should be "be tter regulations ", but not more regulations . Mr. Howard sta ted that he did not regard code enfo rcement regula- tions as being unr easonable, or as additiona l bure aucracy . Rather, it is a means to give the city an opportunity to do inspections and bring proper ty up to c ode. Mr . Smith discussed the matter of renta l property, and the condition in which it is "usu a lly " maintained. Mr. Ta n guma stated that investors purchasing property cannot increase the va lue of the property if it is allowed to deterio rate. Mr. Wa ln pointed out that with the market the way it is today, an investor can buy property, do nothing to improve it, and it will still increase in value. He e mphasized that i t doesn't matter whether the property own er takes care of the land or not. Mrs , Pi e rson stated that she did not feel that this applies only to renter occupi ed properties ; she pointed out there are owner-occupied properties th at are not taken care of. Mr. Draper stated that he felt the City will hav to face t he fact that "we are decaying". Mr . Draper s tated that the zon i n g is too restri ctiv to allow the successful businesses to ex- pand . Mr. Drape r stated that Englewood is the hub of a thriving metro a rea, but we cannot take part in the economic growth that is taking place b eca use of the the restrictions placed on the b usinesses. Mr. Draper stated that properties may be purchased for rental s, but questioned that they are being used for resi- dential rentals because of the cost of the land. Mr . Draper stated t hat h e felt the City must look at where it is and take a dvantage of every opportunity that it c an , Mr . Howard agrea:l with Mr. Draper • • I • ( ( • • • • -7- Mrs. Pierson stated that the Committee had disc ussed incentives to encourage businessmen to i mpro ve the ir properties, and cited the center strip planting ar e a as an incentive that was dis- cu ssed. She stated that it was felt if the City showed an interest in beautifying and upgrading the area, that possibly the businessmen and property owners would respond in kind. Mr. Owens commented that once one or two businesses or houses are fixed up, that changes would occur throughout the neighbor- hood. Mrs. Carlberg noted that there are some recently con- structed residences in Englewood, and that it "must be very depres sing to have the other areas wi th violations ." Mr. Lathrop stated that he felt there was no need for more ordinances and reg ulations, but there was a need for better ordinances and regulations . Mr. La throp discussed the condition of some houses, particularly in relation to the wiring; he noted that this old, substandard wiring c ould be a fire hazard. Mr. Lathrop stated that part of the problem with the existing codes and ordinances is that they don't have "teeth" to give the City authority to enforce them-- to mak e property owners clean up t heir s ite , or to c lose down a business in a residential area. Mr. Lathrop discussed problems in his immediate neig hborhood wi th a garage operating in the residential district, and his efforts to have this business closed down. Mr. Lathrop noted tha t many times, the City in- spectors come out during the day t o check into a complaint, but the person in violation may no t b eg in their business until after normal work hours, and the City Inspectors do not work after 5:00 P.M. or on the weekends. Mr. Howard recounted an experience of a property owner with a home occupation in the R-1-A Zo ne District who had been issued an order to cease his operati on ; he noted that th i s property owner appealed to t he Board o f Adjustment, and lost his appeal , Mr. Smith discussed problems that had occurred in attempts to close an illegally operated garage in a single-family residential area on South Acoma Street . He noted that it took many months of documentation and attempts to prove that the cars being worked on were not owned by the property owne r before it could be closed. Discussion ensu d on businesses that were e xpanding along the alleys on either side of South Bro adway. Mr. Howard questioned why the comm ercial zoning could not be extended to Acoma or Lincoln in some particul ar area to accommoda te a business that is doing well and needs to ex pand. He cited the Schomp Oldsmobile dealership as an exa mple , Mr. Waln noted that often c omplaints are not made to th e proper authority • • I • • • • • -8- Mr. Howard summarized tha t the e ntire committ e e was i n a g ree- men t that the Code Enforcement was in need of strengthening. Mr . Williams asked if they had specific suggestions or c hanges that could be made t o strengthen the ordina n ces . Mr. Howard questioned that it was t h e responsibility of the Re view Com- mittee to make specific recommendations on the matter of Codes and Ordinances , or whethe r it is the responsibility of the City Attorney's office to review the o rd inance s and to dete r- mine that these ordinances do indeed allow the city staff to accomplish the intended purpose of the ordinance . Mr . Howa r d pointed out that very few of the Committee members had the t echnical expertise to make specific suggestions on the matter of codes and ordinances. Mrs. Pierso n pointed out that a part of the "problem" may be that someone canno t be judged g u i lty without due process o f law. She stated that the mechanism may be availab l e , but it may not be used properl y by the staff in attempting to close such operations as Mr. Lathrop a nd Mr. Smith have discussed. She pointed out that "peopl e do have their rights", as well as those who complain a bout a violation in their neig hborhood , and that i t must be "proved" that these people are in viola t ion of the regulations . Discussion ensued on the problems caused in a n e ighborhood by gar ages operating out of a res ident ial property. Mr. Bush pointed out that possibly there should be a restriction requir ing that all cars parked on-street be moved every 24 hours, or the r e should be some effort to con tro l or limit the number o f cars that people can own in an R-1 District. Mr. Lathrop discussed t he process of declaring an automobile abandoned; he not ed that he had called about a vehicle, and that the veh icle s at three days before it was marked , and sat another three days before it was declared abando ned and moved. Discussion ensued . Mr . Green asked who a person making a c omplaint would t alk to? He noted that many times people are sent from one department to another, and get no satisfaction. Further discussion en-sued . Mr. Waln stated that if some of the ord i nances and regula t ions presently in effect have the proper "teet h " in them, possibly t he police/judicial process should be revi e wed to see if this aspect is functioning proper ly . Mrs. Pierson suggested that possibly a special committee shou ld be appointed to study the problems inherent in code enforcement. Mr . Owens noted that this is the second review committee to report to the Planning Commission, and both committees have v o iced concern about code enforcement. Mr. Owens stated that he would suspect that this problem will be noted throughou t reports from the other review committees , and suggested that possibly we should d elay appointing a committee to study the problem of code enforcement until all of the review committees have reported to the Commission. Mr. Howard stated that • I • • • • • -9- there must definitely be a problem if the other review committees have and will pick up on it in their reports. Mrs. Romans pointed out that the Code Enforcement staf f is limited, and that Mr. Wanush has organized the Division in order to get maximum staff time from these people . Mrs . Romans pointed out that there are only two enforcement officers assigned to environmental codes for the entire City. Mrs. Romans also cited some of the problems that these Code Enforce- ment officers encounter, such as when citations are issued some citizens may complain that they are being "picked on " by the Code Enforcement Division . The Code Enforcement officers must also get the City Attorney's office to agree to take a matter to Court, and there have been some problems in th~ procedure in the past. Code Enforcement inspectors and Police officers may reach a point of despair if the cases are not taken to Court after they have issued a citation for a violation. Further discussion ensued. Mr. Owens stated that he did not feel that any of the discussion on code enforcement problems is a reflection on the staff; it may be that more inspectors are needed, and that there needs to be amendments made t o some of the ordinances to facilitate the code enforcement process. Mrs. Pierson questioned why we should delay a special committee study on code enforcement? Mr . Owens and Mr . Smith agreed that it might be best to wait until the Comprehensive Plan Review process is completed. The City's legal department and its relationship to other City Departments was discussed. Mr. Lathrop pointed out that two Code Enforcement Officers for the City of Englewood is not sufficient; wh en one of these officers does get a case into court, they lose time on the street. He stated that he felt at least four Code Enforcement Officers are needed for just the environmental codes, and that i nspections should be made in the evenings and on weekends. Mr. Williams stated that efforts are being made to improv e the Munic ipal Court system, and felt that these efforts would be succe ssful . He pointed out that he is speaking about the Court system itself. Mr . Owens noted that one of the recommendations of the Industrial Re view Committee was that the City assume responsibility of all special water and sewer d is tricts in the City. He asked for furthe r clari f ic ation on this matter. Discussion ensued. Mr. Smith asked if any recommendation has been made to the Water a nd Sewer Board that the City purchase those Distric ts? Mr. Blomberg stated that his property is in the Valley Water District, and that they wanted $5,000 for a tap fee; the line would have to be run 300 feet to his house . Mr. Blomberg dis- • I • • • - -10- cussed the "hassle" that he feels people have to go through to do anything, and cited his efforts t o construct his building. Mr. Williams excused himself from the meeting. Mr. Howard stated that there was some discussion in the Com- mittee meetings on whether or not there should be maps in t h e adopted Comprehensive Plan, or whether goals and policies should be specifically spelled out and adopted in place of the maps. Mr. Howard noted that Denver has recent ly abolished maps in their Comprehensive Plan , and took up the goals and policies system. Mr . Howard stated that he feels that this community needs goals, and the policies should be established so that those goals can be reached. Mr. Owens asked if the goals and policies would be specific enough to eliminate the need of maps entirely? Mr . Howard stated that he understood Denver had abolished the Land Us e Map. He stated that he was under the impression t hat Arvada has also recently eliminated the map system, and has adopted the goals and policy system . Mr. Howard stated that he felt the extensive maps were one of the problems in the Core Area Plan. Discussion ensued. Mr. Howard stated that one way of achieving the goals and policy system is to list a IJ)al and then give several "tools" or policies to reach that goal. These goals and policies would give a direction to the development of the City, and would be set out so that developers and residents could be aware of them. Mr. Smith stated that he would like to disagree with Mr . Williams statement that something is being done to improve the Court process. He stated that as far as he knows . nothing is being done about the prosecution phase of the judicial system in Englewood. It is true that there will be physical i mprovements in the Municipal Court quarters, and other changes in the Court system itself, but this would not necessarily affect the prosecutor's office . Mr. Smith pointed out that the City Council becomes "crises oriented", and that this does not allow an opportunity for "creative legislation ." Mr. Smith stated that he would certainly pursue the matter of a committee to study the matter of code enforcement and putting "teeth" in the laws. Discussion ensued . Mrs. Pierson suggested that the matter of a special committee to consider these subjects be placed on the agenda after the Comprehensive Plan is completed. • I • ( ( • • • • -11- Mr. Lathrop discussed the need for Updating the ordinances that are on the books; he noted that changes do occur, and very often the City codes and ordinances do not keep pace with the progress of the City . Mr. Lathrop also discussed the fact that citizens with problems very often do not know who to talk to at City Hall. He suggested that possibly a public relations officer is needed to get these citizens to the right department. Mrs. Romans reminded members of the special meeting on May 30, 1978, at 7:00P.M. to discuss the Downtown Review Committee's report. The meeting adjourned at 9:30 P.M. • I • • ( • • • .. .. CITY OF ENGLEWOOD PLANNING AND ZONING COMMIS SION May 30, 1978 I. CALL TO ORDER. The Spe cial Meeting of the Planning and Zoning Commission was called to order at 7 :10P.M. by Chairman Larry Owens. Members present: McClintock, Owens, Parker, Pierson, Draper, Lathrop Wanush, Ex-officio Members absent: Smith, Tanguma, Williams Also present: Assistant Director Romans Downtown Review Committee Members Nowacki, Jones, Brelsford, Chambers. Mrs. Pappas . II. COMPREHENSIVE PLAN. Downtown Review Committee. Mr. Owens stated that the purpose of the meeting is to receive the report from the Downtown Review Committee, which Mr. Smith has chaired . Mr. Owens stated that he understood Mr. Smith was attending a special meeting of the City Council, and that Mr. Lee Jones was to present the report. Mr. Owens asked if Mr. Jones would make his presentation. Mr. Jones stated that he would attempt to present some of the ideas t hat the Committee has come up with during their review process. Mr. Jones made reference to DRAFT III of the Down- town Review Committee report, noting that Englewood is bisected by South Broadway and U.S. 285, both of which are heavy traffic carriers. Mr. Jones stated that one of the concerns of the Downtown Committee was that the intensity of commercial develop- ment be concentrated in the downtown business district, and that the residential character o f the surrounding areas be maintained. Referring to a map which was displayed, Mr . Jones delineated the boundaries of the Central Business District which is under considerat ion in this report. Don Smith entered the meeting, and took his place with the Co mmis sion. Mr . Jones point ed out that the one area where there was a change in the projected downtown boundary over the present boundary, is south of U.S. 285 from approximately South Galapago Street west . This boundary was extended south to West Ke nyon Av e nue to accommodate the projected impact and de- velopment that would result from the proposed Ithaca /U.S. 285 couplet . Mr. Jones noted that part of this area and the ad- As amended 6 /2 0 /78. • I • • • • •' - -2- J01ning properties are "somewhat residential in nature"; but the committee fe l t that the I thaca Avenue couplet would impact that area to the sou th of Ithaca, and that the zoning should be changed from I-1 , Light Indu strial, to a Business classifica- tion in an effort to assure that the anticipated new developmen t would be compatible with the o t h er uses in the area , Mr. Jones stated that the De nver Reg ional Council o f Govern- ments has designated 13 major activity centers in the Denv er Metro area, and that downtown Engl e wood is one o f these activity cent e rs. Mr. Jones stated that these activity center s provide a variety of u ses , such as residential, e mployment, c omm ercia l, recreational, medic a l, governmental, cultural and educational. It is the inte nt of this proposed Plan for the CBD t o support this multi-purpose concept. Mr. Jones stated that the com- mittee is of the opinion fuat the provision of areas for rest and relaxation in th e Central Business District is very important; th is could include such items as la nd s caping . Mr . Jones stated that the committee was looking for ways that would make the Downtown Business Dist rict mo re conducive to a larger vari ety of us es than is in Cinderella City, for instance . Mr. Jones stated that the Downtown Review Co mmi ttee and the Transportation Review Committee had a joint meeting to dis- cuss problems that pertained to both committees; f our phases of the transporta t ion problem that affect t h e downtown area are (1) access to the downtown; (2) circu la tion within the downtown; (3 ) travel throu gh the downtown; and (4) parking. Mr. Jones noted that the traffic on Sou th Broadway is the "s top-and-go" type, and will probably continue to be inasmuch as Broadway will probably continue as a strip commercial type thoroughfare. U.S. 285 p r ovides the major east/west conn ector between South Santa F e Drive and I-25 in the south metro area. This corridor has a great potential f or traffic and to feed people into the downtown area. Mr. Jones pointed ou t that RTD is also a means o f getting p e ople into the downtown area, and noted that the RTD is considering the construc tion of a transit center s omewhere in the vicinity of Girard Avenue in the down- town area --he stated that he did not think the exact lo cation has been pinpointed to this time. The matter of internal circulation was discussed by Mr. Jones. East Hampden Avenue is a heavy traffic carrier fr om the east to South Broadway, and he questioned whether or not this could be extende d through to U.S. 285 with some mod ification of that intersection. Girard Avenue and Floyd Avenue provide a means of interna l circulation for the downtown area, as do the north- south streets. Mr. Jones stated that Dartmouth Avenue acts as a feeder street across town, and that he felt its importance would c ontinu e until the Ithaca /U.S. 285 couplet i s completed. Mr. Jones stated that Dartmouth Avenue serves as a connector from South University Boulevard to South Fe d e ral Boulevard, but does not function well as a traffic carr ier through that segment. Mr. Jones stated that Floyd Avenue do es h ave a • I • • ( • • • ,. - -3- problem with the alignment. The Review Committee spent some time in discussion on this problem, and involved businessmen and property owners along the Floyd/Broadway area. He stated that "the committee took no action on any immediate issues or that intersection until a number of other things could be solved as related to businesses and their location with this inter- section." He stated that Floyd Avenue will still be show n as having the "j og", but it will continue as one of the main traffic carriers in the downtown area. Mr. Jones discussed the problems with the signalization of the Floyd/Broadway intersection. Mr. Jones stated that long -term goals may result in West Girard Avenue becoming a pedestrian way. It is felt by the committee that West Girard Avenue will continue as a vehicular connector between the downtown area on South Broadway and Cinderella City for some time. The c ommi ttee discussed the possibility o f a shuttle bus to help move pedestrians and to improve the "tie" between the Broadway area and Cinderella City, Mr. Jones discussed maps of the CBD which were included in the report which depict major access routes, and local access routes, and which also depict transit routes. Mr. Jones pointed out that South Santa Fe Drive is shown as a mass transit corridor. Mr. Jones emphasized that the U.S . 285- Ithaca Avenue couplet and improvement o f the Santa Fe /U.S. 285/Ithaca Avenue intersection would facilitate the movement o f the east /west traffic. It would also open up a development corridor from South Bannock Street west to South Santa Fe Drive. Mr. Jones acknowledged that there will be some re- zoning that will be needed along this corridor, but he felt that this could be done progressively, and was not an "immediate" thing. Mr. Smith noted that the Committee discussed this pro- jected commercial corridor, and noted that the commercial de- velopment seems to be headed that way at the present time. Mr. Wanush stated that the Ithaca couplet will have a great impact on th1s area, and he felt that a "super block develop- ment" should be considered, rather than the type of commercial development that has occurred along U.S. 285 to the present time. Mr. Jones suggested that a Planned Development be required in conjunction with any new development along the u.s. 285/Ithaca Avenue couplet. He questioned whether there could be a moratorium placed on development in this area for a period of time to give an opportunity to accomplish the rezoning that is needed as recommended by the Downtown Review Committee? Mr. Wanush sta ted that it would be possible to impose such a moratorium, but questioned whether it would be practical to do so . Mr. Smith pointed out that the actual realization of the U.S. 285/Ithaca Avenue couplet is several years in the future. He stated that he could not foresee any funding for this couplet until at least 1985 , Discussion ensued • • I • • • • • -4- Mr. Wanush stated that he felt the development would be en- couraged because of the street access, or the location of the RTD routes, but not necessarily because of a "plan ". Mr . Wanush reiterated that he does not question the need for re- z on ing along th e projected couplet corridor; he do es question the need for a moratorium. Mr. Jones mad e reierence to a map indicating 24-hour traffic volume counts . U .S . 285 is presently carrying 45,745 vehicles per day, and is projected to carry 70,000 by 1985. Broadway is present ly carrying 30,350 vehic l es per day, and is pro- jected to carry 45,000. Mr. Jones noted that the "po int o f saturation" on some of the streets has been reached, or is imminent. He pointed out that one "cannot do business on a street that is plugged with traffic ." Mr. Jones discussed the matter of parking lots that are in existence, the availability of the parking and the access to the businesses. He not ed that all the businessmen in the 3300 and 3400 b lo cks of South Broadway felt that additional parking that was e asily accessible and in close proximity to their businesses was one of the most important things needed to re- vitalize those two blocks of the downtown area. Mr. Jones e mph asized that additional parking is needed, particularly on the east side of South Broadway. He noted that there have been discussions between City officials an d Public Service Company representatives about the possible p urchase o f the PSC land to provide the additional parking in the 3400 block . He suggested also that a "corridor" or walk-throu gh be developed fr om Broadway to the east side of the businesses in an effort to impr ove accessibi li ty to the parking areas. Mr. Jones sug- gested that possibly a Down town Improvement District could be formed to finance the acquisition of the property for parking . This District could estab lish a mill levy to assess the down- town property owners. .Mr . Jones stated that he would hope this proposal could be given some consideration. Mr. Smith stated that on June 12th, Lhe City Council has a meeting with the downtown businessmen at a study session ; he suggested that possibly Mr . JJnes and other members of the Downtown Review Committee mignt want to talk to downtown businessmen and advise them oi this meeting, and to indicate that the Cily Council is in need of their inpu t . Mr. Smith noted that if the RTD transit center were to be located on the Ambrose/Williams lot at Bannock and Girard, it would probably eliminate parking on approximately 1 /3 of the lot. This parking area should be replaced, with either a surface parking lot or a parking structure . He noted that the cost of a parking structure is approximately $5,000 per space. Mr. Jones noted that one parking space is worth $10,000 in retail sales. Mr. Jones stated that a coupl of parcels of l and that are available lor purchas that might be used for parking are own d by Mr. Sacht r and by Mr. Hagge . Discussion ensued • • I • ( ( • • • - -5- Mr . Wanush noted that Mr. Jones had sug g es t ed a downtown improvement district. Mr. Wanush stated that one of the elements that comprise a successful downtown improvement district is participPt ion by the property owners. He pointed out that t h e City would not pay the total fina ncing of the purchase o f the tracts of land if there were a downt own im- provement district. Mr. Smith stated that a survey was done in the downtown area, and while almost 80% of the property owners and merchants agreed that parking was a major problem, only 30% st ated that they would be willing to pay to solve that probl e m . Mr. Jones stated that he felt the City could be of assistance in obtaining options on ~nd, etc . Mr. Smith asked if absentee owners could vote on the formation of a s pecial improve ment district? Mr. Jones stated he was under the impression that they could vote if they are taxed for a debt peculiar to that area. Discussion ensued . Mr. Jones discussed the acquisition of land for additional parking in the 3400 block of South Bannock Street. He pointed out that this proposal would include covering Little Dry Creek and allowing parking on top of the creek. He pointed out that again, the City could be of help in acquiring the land and in providing the box for Little Dry Creek . Mr. Jones a gain pointed out that the parking lot which has been leased to Ambrose will accommodate 330 cars, and if the RTD transit center is located on this site, the parking area t ha t will be los t to customers and businessmen will have to be replaced. Mr. Lathrop suggested the possibility of a walk-through on both the east and west sides of Broadway. He noted that there is the mid-block signal now, and he felt that persons might be mo re inclined to do business if there were easier access to and from parking and the business places. Mr. Lathrop pointed out that he felt this is one reason that establishments such as K-Mart thrive is because they are lo- cated on large lots with ample parking. Mr. Lathrop a lso suggested that possibly Broadway businessmen would want to consider "double-front" stores in an effort to entice shoppers to this area. Mr. Jones cited the g e neral goals of the Downtown Review Committee: 1. To generally support the downtown as a Regional Activity Center by focusin g high density, high activity uses within the downtown. Such uses would include retail, office, residential, hotel /convention center, and other similar uses. 2. To revitalize the Broadway/Acoma retail area. 3. To promote the regional nature of Cinderella City . • I • • • - -6- 4. To link Cinder e ll a City and the Broadway /Acoma area so th at they complem e nt one another. Mr . Jones further discussed the need for West Girard Avenue to be developed into a pleasant pedestrian-oriented connector be- tween South Broadway and Cinderella City. Mr. Owens asked if the distance between Sou th Broadway and Cindere lla City wasn't rather far to expect people to walk? Mr. Jones pointed out that if the RTD Transit Center is indeed situated where it has been initially propos e d, persons would be walking e i ther to Cinderella City or to Broadway, but not from Cinderella City to Broadway, which would be about ha l f the distanc e . Mr. Jones stated that the proposal also includes a shuttle bus. Mr . Jones stated that one of the areas along West Girard Avenue that will need considerable attention, is the King Soopers loading dock . It was felt that landscaping and other beautification means should be attempted to make West Girard Avenue more than a "h igh level ve hicular route ;" the committee would like to see a shift more to pedestrian traffic on Girard and less vehicular traffic. Mr. Lathrop asked if the committee didn 't fee l that the transit center would serve as a link between Cinderella City and Broadway? Dis c ussion ensued. Mr. Smith sta ted that he felt th e transit center mig h t lead to more deve lopment around the King Soopers area. Mr. Jones discu ssed prime development areas. It was suggested t hat additional office space or hote l /convention facilities might be appropriate uses for these areas . Mr. Jones then discussed t h e area on South Lincoln around the Simon Ce nt er and the Malley Recrea t ional Center . It was felt tha t any activity in this area should complement these public fa cilities. Mr. Owens stated that the Public Facilities Re- view Committee will discuss a proposed community center for the e ntire communi ty to be located in reasonable proximity to the Senior Recreation Cent r. The area designated for medical-support f acilities was then c onsidered. Mr. Owens questioned the development of the medical support facilities in the area to t he wes t of the Swedish Medical Center along Hampden. He suggested that this development should be situated more to the east around the medical complex itself . Mr. Draper asked if the Co mmittee considered the overall e xpansion oi the B-1 area similar to their proposal along the U.S. 285/Ithaca Avenue corridor. He pointed ou t that some of the immediately adjacent residential areas are pretty bad ly deteriora ted . Mr . Jones stated that the com- mittee attempted to follow the p resent boundaries of the CBD pretty closely. He stated that the committee felt the "ex- tensio n of the B-1 District would dilute the concentration of business in the CB D" --the area that needs revitalization . The commi ttee did not feel that the commercial activity should • I • -• • • -7- "impinge" on the resident i al are a . Mr. Dr a p er asked if the committee felt the residential area would b e r azed and re- d eve lope d as residential? Mr. Jones s tat ed that the committee seemed to fee l that rede v e lopment would probably be with a hi gher density residential. Mr. Smith stated that things have changed in the last two or three years; there have been several new homes built, and quit e a bit of remo deling of residential uses. He fe lt that people were beco ming mo re confident that there wo uld not be any major changes in the zoning and projected deve lopme nt o f the City, and that peop l e are more willing to invest monies for new residential uses or t o improve the r e sidentia l uses. Dis- cussion e nsu e d, Mr. Smith stated that he was o f the opinion that the committee fe lt there was sufficient space f or de- velopment and redeve lopme n t and better use o f the existing B-1 area without an e xpansion of that zone district; the area that is presentl y zoned f or B-1 use isn't being used to its capacity. Mr. Lathrop stated that he felt the g oals o f the Plan would be realized mor e expediently if the present boundaries of the B-1 Zone Dis trict are adhered to , Mr. Lathrop also cautioned against encroachment of commercial uses and zoning into the residential area; h e fe lt this would lead to "another uprising of the people ." Mr. Jones stated that he was of the opinion that n e w dev e lop- ment or redevelopment would bring about mo re hi gh rise buildings in some sections of the downtown area . Th ere was discussion o f the possible hi gh -rise deve lopment in the CBD. Mr . Brelsford pointed out that one o f t he major cha n g es re c om- mended by the Downtown Review Committee was t o allow high- density residential development in the downtown area . Dis-cussion ensued. Mr. Jones discussed developments that should be supported in specific areas of the downtown district, such as medically- oriented uses in th e area east of Broadway along Hampden Avenu e . Mr. Jones stated that the two block area on either side of Ithaca Avenue would lend itself to large "block-type develop-ment." Mr . McClintock questioned a realistic timing on the Ithaca- U .S. 285 couplet? Mr. Smith stated that he felt it would be at least three to fi v e years ; the State does not have the matching funds, and there will have to be effo rts to get t his proposal back before the Council of Governments f or c onsidera- tion. Mr. Jones stated that he did not feel there would be t oo much problem if Englewood and Sheridan would agree on the redesigning of the Santa Fe /U .S. 285 intersection. He felt t h at ~e State Highway Department is looking for some agreement between these two municipalities before they will agree to the request for the couplet. Discussion ensued . Mr. Nowacki • I • -• • - -8- agreed that the intersection at U.S. 285 and Santa Fe Drive must be redesigned before the couplet is approved. He pointed out that the Sheridan City limits at Santa Fe does extend east of the railroad tracks, so the agreement of Sheridan to the redesigning of the intersection is important. Mr . Nowacki stated that one of the most important elements to consider when discussing access is the downtown area; access to the downtown shopping area must be improved, and parking is a necessity. He acknowledged that every effort must be made to get "through" traffic through Englewood with a minimum delay, but f o r those people who want to shop in Englewood, there must be provision made to get them to the area in which they want to shop. Further discussion e nsu ed . Mr. Jones discussed the area south of U.S . 285 which is now developed with greenhouses. He noted that the practice of importing carnations has had an effect on the local growers, and that at such time as these greenhouses are out of business, the c omm ittee felt that the "natural evolut ion" of this area would be to something like a hotel, a park'n'ride facility or something similar. Mr. Owens declar ed a recess of the meeting. The meeting re- convened at 9;15 P.M. with the following members present: Lathrop, McClintock, Owens , Pierson, Smith, Draper. Absent were: Parker, Tanguma, Williams. Mr. Owens declared a quorum of the Commission present. Mr. Jones continued with his presentation of the Downtown Review Committee report. He noted that the committee is of the opinion that environmental quality in the downtown dis- trict is very important, and that every effort must be made to make it a pleasant place to shop. Mr. Jones stated that landscaping and trees would be an aid, as would removal of the over-head utility lines. Mr. Jones discussed proposed amendments to the B-1 Zone Dis- trict uses that are listed in the Comprehensive Zoning Ordinance. Questions were posed as to permitting uses such as an ambulance service, crating service and second-hand stores. Mr . Wanush stated that he understood one of the major recommenda- tions of the Downtown Review Committee is that a Planned Develop- ment be required on all new developments in the downtown business district . Discussion ensued. Mr. Wanush stated that he felt very careful consideration should be given to anything that would restrict the use of the land in the downtown area, and cited height restrictions as an example. Mr. Owens questioned that there should be height restrictions as such in the B-1 district at all? Mr. Wanush discussed the concept o f "incentive" provisions: the height may exceed the limitation provided addi- tional setback is provided, or some similar incentive. Mrs. Pierson ask d if the Downtown Review Committee had con- sidered the "Permit System" at all. Mr. Nowacki stated that • I • • • • • - -9- h e did not know from the s t andpoint o f a d eve loper how valid such a Permit System would be. He cited a discussion with a local builder, and stated that this local builder indicated that a developer wants to be able to read the zoning ordinance, subdivision regulations, and other pertinent codes and ordinances and know whether they could get a permit for their development before funds are expended to draw up plans, etc. Mrs. Pierson stated that her understanding of the Special Permit System is that it removes uncertainty on the part of the developer and on the part of the citizenry . Mr. Ow ens agreed that the Permit System removes the uncertainty, and is a speedier process. He pointed out that there must be specific guidelines to use with the Special Permit System. Mrs. Pierson stated that the Com- mercial Review Committee, which she chaired, felt that the Special Permit System had merit, and should be tried at least in specific areas. Discussion ensued. Mr . Smith pointed out that the Downtown Review Committee's recommendation to support high-density residential development in the downtown area is a good example of a "mixed use", and that the Mixed Use Dis- trict would be a valid addition to the Zoning Ordinance. Dis-cussion ensued, Mr. Jones stated that one of the big problems facing the down- town area is the Little Dry Creek fl ood threat. The matter o f flood control on Little Dry Creek was discussed . The question of requiring a Planned Development on all new de- velopment in the downtown district was discussed. Mr. Lathrop questioned whether it should also be extended to cover existing developments --at such time as a use changes, he felt that the Commission and public should know "what they plan to do on any building site, or in a ny building." Mr. Jones stated that the recommendation pertained to new construction . Dis-cussion ensu ed. Mr. Owens thanked Mr. Jones f or his presentation to the Com- mission. Mr. Jones o ffered the assistance o f the committee and himself when the matter o f the Comprehensive Plan gets to City Council. Mr. Owens reviewed the process that the Com- mission still has to follow before the City Cou ncil would re-ceive the recommendation. Mr. Lathrop discussed the Broadway/Floyd intersection, and the problems that the present alignment causes in traffic f low, Mr . Jones discussed the realignment of Floyd Avenue as was considered by the Review Committee, He noted that there is a possibility t h at Floyd could be realigned to t h e north o f Berry's Paints along the right-of-way for Little Dry Creek. Brief discussion followed. The meeting adjourned at 9:45 P .M. ~--li-<£7': ~~-G trude G . Wel cording Secretary • I • ( • • • .. - CITY OF ENGLEWOOD PLANNING AND ZONING CO.MMISSIO June 6, 1978 I , The Planning Commission met in informal session w1th members of the Parks and Recreation Review Commit tee and memb ers of the Public Facilities and Storm Drainage Revi ew Committee. Members present: Pierson, Williams, Ow ens, Smith Romans, Acting Ex-officio Members absent: Lathrop, Draper, Tanguma, McClintock, Parker Parks & Recreation Review Co mmittee: Wade, Neeley, Al ler. Howard Public Facilities Review Committee: Best, Merlin, Pe.~_ .. ·.._.,, Tromly Also present: Dennis Niernberg and Mr . and Mrs. Reffel. Mr. Owens stated that inasmuch as a quorum of the Commission was not present, regular business could not be handled, and, indeed, the meeting could not be formally called to order. He suggested that possibly the Commission could hear the re- ports from the Review Committees, and at such time as another Commission member would j oin the meeting the formal meeting could begin. II . COMPREHENSIVE PLAN REVIEW COMMI'ITEE PUBLIC FACILITIES AND STORM DRAI AGE Mr. Owens introduced Mr. Charles Best, and announced that Mr. Best would present the report oi the Public Facilities and Storm Drainage Review Committee. Mr. Best reviewed the recommendations of the Public Facilities Re view Committee, citing the following projects this committee f els are needed in the City of Englewood: 1. Community Ce nt er. It was felt th at the community c nter is neede d to serv e the gr owing social and recreational needs o1 a diverse Englewood population. It could become a focal point of the communit y, and could help attract more famili es to Englewood. Mr. Smith asked if the matter of cost on this project had been disc ussed ? Mr. owens stated that the Committee had met with Mr. Jerry Royth r, the former Assistant Recr eation Dir ctor, and he had indicated the cost range would be from $4,000,0(J to $5,000,000 for a "iirst-class" facility , • I • • • • - -2- Mr . B st p ointed o u t that there is some vacant l and a vailabl e i n the proximit y of the Simon Center /Malley Recreat ional Center, an d tha t this vacant l and should be purch ased as it beco mes ava ilab l e . The developmen t of the commun i ty c en t er c oul d be accompli she d in phases. 2. Fire S tat ion i n Ea st Englewo od . Mr . Best stated t hat the Pub l ic Fac ili t i e s Re v iew Co mm ittee is of the o p i n ion that a f i re stat i o n shoul d be constructed in East Eng l ew ood ; at the present time, n o n e of the f o ur fire stations are lo c a te d e ast o f South Br oa dwa y . A statio n c o nstructed east of South Bro a dwa y wou ld i mpro ve the respo ns e time to those residents living nea r Sou th Univ ers i ty Boul evard . Mrs . Pierson no ted that approximat e ly two years ago at a meeting o f t h e Comm i s sion with the Department Hea ds to review th e Capit al Impr o veme n t Program budget, Fire Ch i ef Hamilton indi cate d th at h e fe l t there was adequate service t o that area o f E ng l ew oo d, t ha t the r esponse time was good , a n d t hat he fe l t it wa s mo re i mpo rta n t to relocate Fire Station #3 on Be ll ev i ew Avenue . S he ask ed i f the thinking of the F ire Depar t me n t admin i strat ion has changed on this matter? Mr . Owe n s p o inted ou t t h at the matter of relocating F i re S tat ion #3, whi l e not actua l ly funded, is in the Capi t a l Im- p rove me n t P rogram, and is d i scussed further on in t h e r e port. Mr . Ow e ns di sc us sed the reaso ning for t h e Co mm ittee r e commenda- t i o n : h e noted that t h ere wili be increased traffic a nd with the pro bab l e deve l opment o f the remainder of the Larwin Site , there will be an increase in population that will have t o b e serve d. Mr . Owens stated that the committee felt there will b a definite need f o r a fire station in the eastern Eng l e wood sector, but pointed ou t that this is a "long-range" p lan, a nd is no t s o mething that is n eeded i mm ediately. Mr. Mer lin p o inted ou t t h at it was h is und erstanding t ha t Chief Ha mil ton was i n favor of the South Logan /U .S. 2 8 5 vicinity as the location for the main Fire Station rather than the location on South Elati Street where it is bui l t . Mr. Merlin discussed the problems that the Fire Department personnel xperience when crossing Broadway to answer a call . 3. Little Dry Creek Improvements and Flood Control . Mr . Best reviewed the recommendations on Little Dry Creek improvements and flood control, stating that the committee urges the ado ptio n of Alternativ #5 as th e best long-term solution for fl o o di ng problems along the Creek, Th committee also recommended that an immediate and on-going program of clean-up and main te n ance of the Little Dry Creek channel should be instituted . This would help maximize the capacity of the existing chann el . Th committee recommends that an educational progra m sho u l d be developed for those property owners in the 100-year flo od plain; this program could d fine the natur o1 the potentia l flood hazard, outline the precautions those p opl cou ld tak now, and mak known the ava1lability of F derally subsidiz d • I • • - ( ( • • • - -3- flood insurance. He noted that relatively few occupants or property owners of flood p l ain areas are aware of or have flood insurance. Discussion ensued, Mr . Smith stated that he felt the educa- tional program for those property owners and occupant s in the flood plain has already begun, noting that several flyers have been mailed to thos e people, The number of peop le who have taken advanta ge of the flood insurance program was discuss ed . Mr. Merlin pointed out that there is a possibility that a lot of people don't even know what a "f lood Plain" is and are not awar e they own prope rty in a flood plain. Fu rther discus.,;~'"' ensued . Mrs. Romans pointed out that this section of the recommendation could be reworded to indicate that the educ<.~ tional pro gram should b "continued" rather than "devel o;~rJ"· It was so agreed . 4. City Hall Renovation, Mr. Best pointed out that City Ha ll needs remodeling to accommod ate handicapped and elderly person;,. The second flood is totally inaccessible to the handicapped, and an elevator should be installed, Restroom facilities should also b remodeled to accommodate those persons in wheel-chairs, etc . Mr. Williams stated that there is some improvement of City Hall that has been proposed. Mr. Merlin stated that he felt this was mandatory, particular ly ii the City Hall wishes to partake in f deral funding programs . 5. Swimming Pool in North Englewood. Mr. Best noted that national standards for a City of Englewood's size call for a minimum of two swimming pools Englewood currently has the one outdoor pool oprratcd by the Parks and Recreation Depart- ment loca ted at S1nclair Junior High, and the indoor pool at the High School, •hich is operated by the Englewood School District and ~s op n o the public on a very limited basis. This committ e f els th r is a need for an olympic-size, year- round swimmin~ pool to be located in the n orth Englewood area The commit t also l'Peommend that there should be studies conducted as o the ll':tSllnl~ty of heating this propos d pool with the xc ss twa t gl'llcJ'a t d by the Public Service Company plant loca ted 1n north • -Engle\\.ood. IJ this could be done, th• swimm1ng pool could come a major outdoor spa, and generate enou gh reg1onal 1nt ,rrst to provid profit to the City from th revenu s. Mr. Sm1th quest10ned th poss1bility of constructing thC' pool close enough to the Public S rvice Company plant to take ad- vantage oi th0 xress heat Mr. Owens stated that a member o1 the committee propo rtl th ld a, and th c ommi ttee as a whole felt that it was a possibility . Bate'i Logan Park Expansio n. Mr. Best stated that the com- mittee recommeuds expansion o1 h Bates/Logan Park to provide for th incr asing r CH!ationa l n ed of the c ommunity, and 1o • I • • • • • -4- a lso pro v id e areas for a detention pond for storm water r u noff, a nd a c l ea n water sto rage faci l ity . Mr . Best cited t h e need f o r a dditiona l park d e v e lopme n t in the northeast s e ction of En g l ew ood, an d a l so the need f o r the treated water stora ge fac ilitie s . Th e c omm it te e f e l t that with the expansion of this park, i t could become a mul t i-purpose asset to the pu b lic . Mr. Sm i t h po in t ed ou t t h a t wi th the completion of the second nine holes o f th e g ol f c our se, this woul d certainly i mp r o v e the ope n space/park l a nd ratio to residents in Eng l e wood . He q u e stione d th e n eed to expa nd the Bates/Logan Park a n d to re - mo ve structu res t o do s o . Discussion ensued. 7 . Sale of Ra w Ci t y Water . Mr. Best stated that the poss i b ility o f s e ll ing untrea te d water to other jurisdictions would add rev e n u e s tha t c oul d be used to make improvements to t he Eng l e woo d wat e r system. Mrs . Pi e rs o n qu estioned i1 th1s would involve sel l ing th e water rights out-r i ght? Mr. Best stated that t h e Wa te r Boar d wo u l d not consi d er sel l ing the water rig h ts, b u t would lease them. Mr. Will ia ms pointed out that the City i s n o w s e l ling water to Thorn t on , b u t did not sell the water right s ; the propos e d p rogra m woul d probably function under the s a me g uide -lines . 8 . Water Plan t Equipment Capitalization Reserv e. Mr. Be st re viewe d th e r e c o mm e nd at i on from the P ub l ic Fac il i ti e s c om- mi t t ee . T h e h ig h p o ints of this recomm endatio n are as f ollows : 1. Establis h a curr e n t mon t hl y reserve ba s ed on th e f ollow i n g: (a) 100% o f t h e annu a l d epreciation of each item of cap i ta lize d e quipme n t under rules of the straight l i n e method of d e prec i ation; (b) plus a 1 0 % fact o r for equipment upgra d ing c o sts to be anticipated in the year of necessary equi pm e nt rep l acement ; (c) plus a 5% inflation factor; (d) aggregating to a total annual reserve amount equa l to 115 r of the annual amount of depreciation shown o n accounting records for each item of capita l ize d equipment . 2 , Require the City of Englewo od's accounting system t o s how entries that would r fleet current and cumu lativ e cap italiz a- tion reserve a moun ts, with supporting detail by type of equipment . 3 . Prop rly show the c um ulativ r serve amount in regul ar l y prepared financia l statements . • • I • • • • -5- 4. Stri ct ly r e co ncile bank state me nts wi th the Ci ty's c api ta li z a- tion res er ve accoun t shown in t h e ac c oun ting records . 5 . Re lia b l y i nvest cash in th e bank repr ese n t ing th e cap i ta l i7~ t i on r e ser v e a mou nt t o ear n i nterest f r om mo n th-a -month a nd y ear -to-year , Mr. Smith state d th a t h e u ndersto od th e re i s a pr ovi s ion in the water bonds that as soo n a s the bu i lding p rogr am is com p l e ted, funds will b e plac e d in a reser v e f u nd to fin a nce main t e nance and repairs t o th e sy s tem. He stated th a t h e did no t k no w wh eth e r o r not this wo ul d inc lu de a deprec i a~ioc fa c t o r a s th Re view Commi ttee propo sal do es . Mr. Bes t t h e n re vi e wed pro jects which we r e discusf'<>d and rn - dors e d by t h e Publi c Facili t i es and Draina ge Co rrunttee as necessary f or t h e future im p rove me n t o f t h e City. He notnd that t h e se pro jects are part of th e c urrent Fivn--n~-c~pjtal Im prove ment Progra m, bu t 1hP r0mmittee has asFi:::nPd no Fperiflc p r iori t y to t hem. 1. Land Ac qui sition Fund . \r B<>Ft no ted th~· land nerds to be acquir e d f o r t h e City Ha 11 parki ng rxpa Ls Ion. f o::-a co;;-""'' ni ly rec r eation c e n t e r , an d for rf'l ncation nf Fir Station =3. While t he current s ix-qu art er budge rrnta1ns $1 00,000 1or such n eds, this will not c ove r these thrcr rnje ts, or nthr~ nPrds suc h as ri g ht-of-wa y ac qu isition, Pte Th comm<!tl'" f~"C'lF ~hn~ n r eserve fund f o r land acquis i ticc <'t.-)uld b1 :tcq:JI.rc o that vacant land c a n b e pur chas d ·~ ··n t h<>comc~ nv:1.._-. blP . Mr s , Pie r s o n qu es l ionc d t hp npr., t r. s r "nd :;: ·· i'! ~n~· thr re- lo cation o f F i r e Stat i o n ~3. sne Ftatrd t. n sn ~~ nevar bee n convince d of th e n e ed t o rrlo r-at tins :a1jo,. Mr . Pe rrin not e d that the Fire Statio:1 do s sr~· :1 -·~~-j)CS "! lo c a te d as i t i s on Be l l view , an d t int thnre "'ill h• :-~ . ·-urd ge t ti n g o nto Be ll eview wh e r e v r t he station iF ~Is. Pie &on st a te d t h at s h e felt t h i s mi g h t be a n unnncepsary exprnFr Mr. Wi l li am s stated that t h e h azar d mi ght h a rrducrd to ~amP "~tent I f t he p u mpers we r e t o em e r ge onto a local str<'rt r;>ther than o n t o a S ta te Highwa y . He ac kn o •l ed~ect t~~ on sornn occasions , t h e pump e rs wo u ld, in al l pro bability, .1ave 1o rntpr Brl l cview o r c ro ss Be llev i w. Mr. O ~cns slat ~ that h unde:Ft od the c ompu te r s t udy showe-d that the fire stat1o n w:-~s .:>n the m:treme south e nd o f t h serv i ce ar a, and hat it sh o uld be mo re c e ntrally loc at d . lr . Pi rson s at d t h at s h r reca ll d th c om p u te r study ind icat d t hat t h statio n shou l d b mov<'d o nl y two bloc ks to t h e no rth; sh c mp h aR l Zed that shP fP l t this i s a great e xpens e f or a r l ati v ely smal l bP n efit. 2. Street I mpr ovem nts , Th ma t tnr of str e•t ov r l ay, p av i ng d istr i cts and s id wal k i mprovement d~s t r i ct~ was discu s nd by Mr . Best . The Pu blic l;'ac · li tieR n VIPW omm i , t t'e s u ppor c d the continu ance o f thr ac ivi ie • I • • • • - -6 - 3 , Storm Drainage Improvements. Mr . Best discussed the sto r m dra i nage program. Mr . Sm ith stated that Phase 3 oJ the Storm Drainage Pro gram wi ll be completed this Fall . 4 . Pisto l Range Relocation. Mr. Best noted that the pistol r a nge wi ll ha ve to be relocated, as it is now in t h e ri v er r - d eve l opmen t expansion site. The recommended re lo cation is t o the site of the Englewood1 Littl ton Training Ce n ter . This facility is necessary in ord r that police officers maintain minimum standards of firearm qualif1catio n. 5 . Broadway Median Planters. Mr. Best stated that th com- mittee fee l s there is a n ed for bea utification on South Bro a dwa y, and suppo rts t h e c o ncept of the median planters as they have been insta lle d betwee n U .S. 285 and Quincy Avenu . He pointe d ou t that this pro ject would require widening of South Broadway fr om Ya l e to Dartmo uth . Mrs . Pi rson noted that the Conunercial Review Committee had made the same recommendation regarding installat1on of the median pl:Jnters. 6 . Union Avenue Connector. Mr . Best noted that this situation is being improved with the installation of l ights on Sou t h Santa Fe Drive . 7. 100-Year Flood Outlines. Mr. Best stated that t h is pr oj e ct calls lor the mapping of the 100-Year Flood Pl a i n o ut l ines on various natur:Jl drain:Jgeways through th City . I t is fe l t that this proj ct would be an aid to make residents better a war e of areas in the City that are o r might b subjected to f looding. Mr. Owens stated that this pretty well covered the scope o f the Public Facilities Committee recomm ndations , and thank e d Mr. Best for his presentation . He noted that he felt th i s committee, which he had chaired ior the duration of their :JssigJ~ent, had done some very good work, and arriv d at s om e very good recommendations . He commended the members of th i s committe on their work, and also on their good att ndance at th meetings throughout the year. I II. COMPREHENSIVE PLAN Parks & Recreation Review Committee Mr. Owens asked that the members oJ th Parks and Recreat ion Review Committee n o w pres nt their report. Mrs . W:Jde, form r member oi the Planning Commission , stated that the committee which she chaired throughout the yea r was a small but active group. She stated that Mr . Curt Nee l e y, a member of th Parks & Recreation Review Committee, would give th formal presentation. • I • ( ( • • - -7 - Mr. Nee l ey reviewed the histo ry of the Parks and R creation Department and facilities since the inceptio n of the De part- ment in 1949. He not ed that the Cit y o f Englewood assum ed responsi bilit y for th e recreation activit y program, and crea t ed a Parks and Recreatio n Comm ission, in 1960 . The early park faci l ities consisted of one city park, 23.5 acres in area, which was sold in 1965 to the developer of the Cinderella City Shopping Center for $1,000,000 , The funds real~zed from the sale of this park have b een us ed to finance th p ur c h ase a nd dev e lopment of new parks throughou t the City . At the present time, only the southeast qua drant of the City is not served by a neighborhood park. Mr. Neeley stated that t he City has approximately 114 acres of park land , and an additional 243 acres o f park land is needed according to national standards adapted to the Denver Metropolitnn area . He acknowledg d that when th e g ol f c ours e is c om pleted, it will mak e an ~m pact on the deficit of park l and and open space . tr. eeley pointed out other deficiencies such as ba ll diamonds, basket- ball courts, and oth er similar faci li ties . Mrs . Pierson questioned whe ther the deficit of 44 basketball courts was accurate ? Mrs . Ro mans stated that this is based on the national standards f or a city the size oJ Englewood Discussion ensued. Mrs. Al l e n , member o f tlw Rcvipw Committee and of the Parks and Recre ation Commission, staled that even thou gh the Parks and Recreatio n Department and the School District have a v ery worka ble situation, the Rccrpation Depart - ment has difficulty scheduling anything on t he School D1 tric t courts, becaus e priority g oes to the school programs. Mr. Smith asked if any s t udy was d o ne on the recommended standard vs . the actual use that Englewood experienc s. Mrs. Howard stated there is a defini te lack of fac ilities such ns bask t - ball courts for th JUnlor high school a n d se ior h~gh schoo l level. Ther are iacil ltie for adult s , but there arc many requests for additional facilities for the JUnior and senior high school levels. Mrs. Pierson stated that she was a•ar of the need for winter ~ollcy ball facilities. Mr. Smith pointed out that ther will be t•n or three softball fie lds in the golf course aren, nnd that his would aid in de- creasing thi s defic1ency. Mrs . Wade pointed out tha it the facilities arc all locatPd in one area, or too far from the popula tion centers, this could cause a trans rtation problem. The facilities must be 1·eadily availabl to those th • ar• in- tended to serve. Mr. Neeley emphasized again that the great~st lack oi open space 'park land is in the south ast quadrant oi the City. The Committee r commends acqu~sition oJ land 111 this SN'twn of the City, how v r it ma y be accomplish d . He stated that the Committee did discu ss th usc of tht• Duncan Elem<'ntnry School site, and ask d if tlw Commission had d1scusser! th1s rna tter with the School Boa1· d' Mr O~ens s at •d that t h Com- mission did meet with the School Board approxlmntPly on<• month ago ; it is th intent of tht Sci ool Board to r •tn in o~nerslup • I • • • • - -8- on all of the schools thut ar to be clos d. Th School Board has been approached by several groups inter sted in the use and/or purchase of these buildings, and it is his understanding that the us e of the Duncan Building is being negotiated now . Mr. Neeley stated that lh committe advocates the purchase of additional la nd to expand Cushing Park and the Centennial Park. Ther is vacant land available adjacent to these two parks at th present time . Mrs. Pierson asked if fu e City could mortgage land as it is purchased? Mr Smith pointed out fuat the City can negotiate a contract to purchase on time, such as was done on the City Hall property Mrs . Pierson stated that she thinks "we should move on some of these land purchases; we have been talking about some of them for two years, and have done nothing." Mr. Neeley discussed specific land acquisition projects such as the expansion of Centennial Park, the expansion of Cus hing Park and expansion of the Bates;Logan Park . Mr . Neeley pointed out that if the land available around the Centennial Park is acquired, it wil l directly connect this Park with the existi n g and proposed trails recommend d by the Corps o f Engtneers along the South Platte River; thes trails are proposed to exte nd fr om Chatfi ld Dam downstream to Denver's river redevelopment project. Mr. Neeley stated that if the vacant land adjacent to Cushing Park is acquir d, 1t co uld be u sed to provide a much neede d tennis c ou rt, and other recreat ional faci lities, as well as to provide additional op n space. Mr . Best inquired if there were any ligures available on the cost o f the acquisition of land, particularly around Cushing Park? Discussion ensued . Mrs . Howard discussed a gr ant that the Parks and Recreation Commission had to turn back to the State because there were no matching funds: these grant monies could have been us d for ncquisition of additional park land if the City could have come up with the additional matching funds. Discussion ensued Mr. eeley discussed the committ 's r commendation that the Bates /Logan Park be expanded. Mr. ec>ley pointed out that the park xpansion would serv s •v ral purposes in addit1on to pro- viding additional op n space. It was suggestc>d that th cost oi th xpansion of this Park might also b shared by the Public Works and Utilities departments who would mak use of the park for flood control and water storag proJ cts. Mr. N el y reiterated that lh south ast quadrant ol th Clly has no park faciliti s or park land at this lim Ml ley point d out several possibil1U s that were con!>ld red by the committe , such as making use of th v:~cated Duncan School if poss1bl , or th vac:~tion of some stre ts to d velop for open spac ;p:~rk purpose . • I • ( ( • • • • -9- Mr. Perrin questioned the suggestion of' street vacation; he pointed out that this might create problems for fire protection services . He pointed out that the fire equi pment must have the proper access and maneu vering space to adequately serve a neigh- borhood. Mrs. Wade stated that she felt Mr. Perrin had pre- se nted a good point, but felt that the entire suggestion merits consideration. Sh e pointed ou t other areas that have stre ts vacated and developed as open areas, and thes streets have not been barricaded even thou g h they have been v acated She made particular mention o f the draina geway in south Englewood. Dis- cussion ensued. Mrs. Romans stated that if the streets were to be vacated and developed as open space, it would b the same principle as some Planne d Development s or cluster housing de- velopments. Further dis c uss ion ensu d. Mr . Owens suggested that possibly some a lleys might be vacated and developed tor open space purposes. Cost factors on the expansion of the parks were d~sc uss ed, Mrs, Wade stated th at th committee did not go into the mntt r of cost in any depth . Mrs. Allen sta ted that the cost factors change so rapidly that any figures they might hav e pre ented would be out-o f -dat . Mr. Neeley discuss d facilitie · needed for the extension o1 recreation oppor tunities as cit d in Phase II of the Rive1 Redevelopmen t Proj ect . This proJect would include the second nine holes of th e g ol f course, bike and hike trails along the Plat te River, childrens gardens, golf driving range, lighted softball fields, a greenb lt , and a bridge spnnning the South Platte River. Mr. eeley then discus ed f u rther development of Centennial Park , particu larly th cnst and north banks of the lake and the ne d d acqu is~tion to expand this park. The Community Center is recommend d by the comm i t •e, and will provide facilities for cultural and art proMrams. Mr ~eeley discussed the ne ed for a swimming 1~01, additional tennis c ourts and handball c our ts which could be rh•vclopccl in the Cushing Park xpansion, H pointed out, hoiH'Vl'r, that the committee strongly favors the lo a tion oi he swimming pool to the east of South Broadway, poss1bly in thP Batcs /Lot:an Park . Air . Neel y stated that the committe also feels t hf'r is a need for indoor ice skating facilit~es. Mr Nepl ) noted that the ice rink in the South Suburban Di trict is Ust>d to cnpacity and beyond now , and th re is a ne d for such n faC"~lity in Englewood. The Indoor Firing Range would satisfy nPcds of several s g men ts of the community, and the committee 1epls that there shoul d b such a F~r~ng Rnnge ~n Engl wood. Mr. Neeley stated thnt th re is a need for additionnl h~ll diamonds, bask tball courts, hnndball ourts, and tennis courts that can and should b construct d in th pnrkg propo ct for expansion or acquisition , Mr. Neeley stated that the R vi w Co mmitt ec> f lt th rP was a ne d for "quie t areas" to b d v loped in th parks . lie not d • I • • • • -10- that th previous activities were for "active" 1·ecrea Lion, but there is a definite need for quiet corners in the parks where persons may go to l'ead, or JUSt sit and think. Mr. !llerlin questione d whether there is need for such an area; he noted that some persons are refreshed by walking. Mrs Allen stated that the idea b e hin d this recommendation is that there be an area of t he park where the "kids wouldn'i be a ll over every- thi n g" for the enj o yment ol those citizens who want such an area . Mrs . Wade stated that the committee felt that these fac il ities should be available in addition to the active re- cre ational facilities. Mr. Smith stated that he ielt there were such are as in the parks now, but that there was no way to enfor ce the fact that it is a "qui et" area . ~!rs . Wade acknowledge d that this cannot be enforced, but that the qui t areas should be incr e ased and/or expanded . Mrs. Wade stated that in most of the parks, there is too much activity goi n g on to rea lly have a "quiet" area . Mr . Perrin stated that he fe lt there was a separatio n of active recreation and qu i et areas in the Cus hing Park, and that it worked very well . Discussion e nsued . Mrs . Romans cited the Washington Park gardens as a "quiet area", and noted t ha t Englewood parks are of minimu m area and have maximum use. Mrs . Romans stated that Englewood does ha v e a need for an area similar to that in Washington Park. Discussion ensued. Mr. Best referr ed to the Chatfield area; he n o te d there were hiking trai l s and other areas that those in pursuit of solitude could u se. He did note , however , that the rattle-D snakes are in abundance, and should be treated with respect, Mr . Neeley stated that the committee u rged that drainageways through out t h e c i ty be used and developed as open spac . The commi ttee urged t ha t the public rela Lions program oi the Park s and Recreation Department should be continued and expanded . P opl e should be encouraged to make use of the park and re crea - tion facilities that are available . Discussion ensued, Mr. Owens thanked Mr . Neeley for h1s presentation. He commented that it was interesting to see that several of the committees hav some up with the same or very similar recommendations. He pointed out that there is on more Review Committe to report to the Commission, that being the Transportt~tion Review Co m- mitte This commit tee is SC'h duled to mak its report on June 13th. Mr . Williams stated that he wished to commend all the members of the Parks and R creation R view Committee and of the Public Facil1ties and Drainage Review Committee for th ir fine work on this proJect. Mr Owens apologized to applicants eirnberg and R fiel on the lal!k ol a quorum o! the Commission, and stat d that the matter will be placed on the call for the special meeting on June 13th, at which time it is hoped ther will be a quorum. Tho meet ing disband d at 9:00 P.M . • I • • ( I ( ( • • • ,. .. ENGLEWOOD WAT ER AND SEWER BOARD Regular Meeting June 27, 1978 5 A The meeting was cal led to order at 5:05 P.M. by Vice Chairman Best . Members present: Best, Harper, Schn ackenberg, Taylor, Mann, Feamster, Witthus Members absent : Gibson, Ullery Also present: Stewart H. Fonda, Director of Utilities I. SUPPLEMENT 60 TO SOUTHGATE SANITATION DISTRICT Plaza to be The sewage discharge is estimated to be approximately 45,500 gallons/ day when the project is completely developed. The John Madden Company is developing this area. Mrs. Ullery arrived at 5:20 P.M. II. There was discussion on the above request as to the number of taps that would be issued and the large square footage indicated by the developer (300,000 sq . ft.) for the structure. The Board requested that more information be provided before action or recommendation could be made. RECENT PUMP STATION OUTAGE The breakdown was caused when a pump motor burned out. A surge in the system caused the electrical contacts to burn out on the other five motor contacts. This delayed restoring water use until the problem could be diagnosed and power could be restored to the five pumps. The Board members expressed their gratitude to the superintendent and operators for their fast work in restoring water to the system. • ) I • • • • • - -2- III. ODOR AT BI-C ITY PLANT There was discussion among the Board members concerning the odor at the new wastewater plant. Mr. Taylor indicated that the engineers, Henningson, Durham and Richardson had been contacted and were informed that Englewood was not very happy about the way the $20 million facility was operating . The EPA has also been notified about the City's view on the wastewater facility . IV. McLELLAN RESERVOIR There was extensive discussion regarding the conditions at Mclellan Reservoir and the need to do something to correct them immediately . It is apparent that the policy established some years ago is being abused. The area is collecting trash and is used for wild parties and j eeping. This creates a nuisance to people in the surrounding area and could result in contam- ination of the water supply. The Board requested the director to do the following: Post numerous "NO TRESPASSING" signs. Give a news release to the local newspapers . After proper notification to the newspapers and posting of the signs notify the Littleton Police Department to enforce the no trespassing policy. Meeting adjourned at 6:20 P.M. Respectfully submitted, c-V/~.~~ "-_i:lkd~ Kay Roberts Recording Secretary • I . ( ( • MEMORANDUM TO: FROM: DATE: SUBJECT: • • • Water and Sewer Board ~1embers Stewart H. Fonda, Director of Utilities June 28, 1978 Supplement #60 Southgate Sanitation District Contact was made with Steve Weirich of the John Madden Company regarding their request for sanitary sewer inclusion into Southgate Sanitation District. He stated that the area of 300,000 square feet for structure was intended for 30 structures with 10,000 square ft. in each site. There would be a need for 30 sanitary sewer taps for the development of the area. The following results of a telephone poll were made in favor of recommending to the City Council approval of Supplement 60 Southgate Sanitation District: Charles Best Merry Feamster Don Harper Vern Mann Werner Schnackenberg Jim Taylor Catherine Ullery Rudy Witthus Tom Gibson Yes Yes Yes Yes Yes Yes Not Available Not Available Not Available • Attachment #1 I . - • DATE: SUGJECT: • • .. • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE ENGLEWOOD WATER AND SEWER BOARD June 2B, 1978 SUPPLEMENT 60 SOUTHGATE SANITATION DISTRICT RECOMMENDATION: That the City Council approve Supplement 60 to Southgate Sanitation District. Respectfully submitted, ENGLEWOOD WATER AND SEWER BOARD By: ~CL.ha~r~l7es~B7e~st~,-ov,~·c-e~C~h-a~i-m_a_n __ ___ Attachment #2 • I . ( ( • MEM ORANDUM ---------- TO: FROM: DATE: City Manager Me~~ Richard s. Wan;f~Director June 28, 1978 • • - 5 of Community Development SUBJECT: Encroachment Request: 3661-63-65 South Broadway Mr. John s. Swartz, the owner of the property identified as 3661-63-65 South Broadway, has requested permission to install an awnin which will extend three eet e g beyond h" ne across the o is bui 1n e wning will be canvas on a cantilevered s eel-frame so there will be no support poles in the City right-of-way. Ther foot clearance from the bottom edge the sidewa The matter has been referred to the Code Enforcement Division, Public Works, Engineering Services, and the Fire Department, and none of these departments object to the construction of the awning as proposed. This property is in the B-2, Commercial Zone District . Mr. SWartz has a 62 foot frontage on South Broadway and his business, Myan•s Po'Pourri Antiques, is at this location. Mr. SWartz wants to install the awning both to provide pro- tection for his merchandise from the sun, and to add interest to the appearance of his building. He understands that the e t w to his bus ness e Cit woul right-of-way would be asked to remove t~. gw • I • • • • • I If -o II I . • • • . } :E· • l::; I "' I -. ~--I --rrL _ ··-z ~ /a z < • • - - ~ 32 ;.0 L-7500 1-6280 , .~ FfiULI!..TON, O.E. f Y.B . L-3900 1-1'500 11-10,340 ·''' . L-.2500 I -/500 ;==2~S~====~~~~~~~~~~;;~;;~~t-~l===~~,~==~~~l=~~~~~~E~l,3~~~==~~ ~- • ' "'· ~ -. ~-/ I. -' DEPARTMENT OF COMMUNITY DEVELOPMENT CITY OF ENGLEWOOD, COLORADO 6 -28-78 "' n ,. ,.. !':' -. ... o. i:JIII J · [t . ' ·-. .~ fTl z c (TI --~ .- • 1. 2. • • • 1978 LITIGATION Garwood C. Andresen , Mary S. Andresen , fob P-<-h~tbd 7-3-1 s7 tU ~/!neRZ~ e t al . vs . Colorado Departmen t of Highway s, et al. Arapahoe County District Court No. 34202, Div i sion 2 Monetary damages , Trial date May 14, 1979 Alfred P. Atchison & Ida Mae City of Englewood and Martin Colorado Supreme Court No. 26756 Damages , Remi ttitur issued .• Atchison vs. Marietta Active Active 3. Alfred P. Atchison & Ida Mae Atchison vs. 4. 5. 6. 7. City of Englewood and Martin Marietta Jefferson County District Court No. 34915 Cross Claim Martin Marietta vs. City of Englewood Trial date November 2, 1978 ..•• William Brokate, City of Englewood, Dorothy Romans and City Planning and Zoning Commission vs. Azar's of Denver, Robert F. Leonard, et al. Arapahoe County District Court No . 35468, Division 2 Judgment pending City of Englewood vs. Denver Metals Arapahoe County District Court No. 37530, Division 1 .... Denver Metals vs. and Department of Colorado Court of No. 77-848 Board of County Commissioners Health Appeals ............. Lester Bolejack vs. City of Englewood, Katherine Recor, and Eden Recor, d/b/a Kathies Import Chalet, Vernon l~aggoner and James Wardell Arapahoe County District Court No. 36660 , Division 5 Damages settled .......... Ac tive Active Active Dismissed w/prejudice Completed l I • • - 8. 9. 10. 11. 12. .. Bro d erick Wood Products Company City of Englewood Gr and County District Cour t In n e gotiations • • • vs . Citi e s of Engle wood and Sh erid a n v s . Burks a nd Compa nl Arapahoe County District Court No . 34575 , Division 5 Cond emn ation-Golf Course Kennet h C . Ch an dler, Inc., d/b/a Bac k Doo r Di scount Liquors vs. City Council of the City of Englewood , Colorado, a Municipali~ Court of Appe als No. 77-190 Ap p e al of Liquor Li ce nse Suspension . • . . . . . • Be njamin C. Cunn ingham vs. City of Englewood; Chrysler Company; Richard Markovitz; a nd Robert Holmes Arapahoe County District Court Personal Injuries Settlement being discuss e d Jack Lawrence Mahoney a/k/a Kuresreth a, individually and as .......... a membe r of , and the International Socie ty for Krishna Consc i ousness, Inc ., et al . vs. City of Englewood, et al. Arapahoe County District Court No . 35623 , Divis i on 4 Declaratory and Injunctive Reli e f Trial date June 16, 1978 was continue d ...... . 13. Mo untai n States Telephone and Telegraph Company vs. C ity of Englewood Arapahoe County District Court No. 35 967, Divis i on 1 Compl aint for Dec laratory Judgment Mountain States paid Englewood $8,446.55 14. Herma n Ol ine r, Be ss Oliner and Robert Oliner vs. City of Englewood Arapahoe County District Court No. 380 41, Division 4 Litigation to render void a l ease -2- Active Acti v e Di smis sed Active (In surance ) Active Completed Active I • - • • • • 15. Ronald Pete rs vs . Board of Trustees of Police P ension Board e t al. Arapahoe County Distr ic t Cour t No. 3786 4 Cour t d e nied 20% additional for b ase pay and longe vity p e nsion b e n efit s 16 . The Pl a ntation, Inc . a nd Te rezia Kesmarki vs:-<:ilty-c)f Engle wood Arapahoe County District Co urt No. 36283 Negotiations r e opened 1 7. Phil Pickell , et al. vs. Andy Mc Cown an d William D. J ame s Arap?.hoc Co u nty District Court No. 37 812 Trial set for ~ov e mb e r 6, 1978 18. Max Pino vs. Board of Trustee s of Pol ice P ension Board et al. Arapahoe County District Court No . 38405 Di sability ?ension 19. Jack Prim ack vs. City of Engle wood Arapahoe County Distric t Court Monetary damage s 20. Alma L. Reffel vs . City of Englewood et al. Arapahoe County District Court No. 34341, Division 1 Trespass damage s Court ruled in favor of Ci ty Motion for new trial filed and denied 12-28-77 21. S. Irene Robinette an d LeRoy Robinette vs. City of Englewood et al. 22. Arapahoe County District Court Persona l Injury, Trial date Aug. 21-23, 1978 ... City of Englewood vs . West Quincy Corporation Arapahoe County District Court No . 36346 , Division 1 Navajo Street Quiet Title City 's request to reform Deed was denied -3- • Active Active Active Active Active (Insurance) Compl ete Active (Insurance) Complete I • • 23 . 2 4. 25. 26. 27. • • • City of Engle wood vs. Windermere Warehouses , Inc., an d Je fferso n B . Armstrong Arapahoe Co u nty District Cour t No. 36223, Div isi on 4 Declaratory judgme nt, Injunction & Damage s Trial date Septe mbe r 12, 1978 .. Durrel C. Bates vs. Board of Trustee s of The Fire P en s i on Board of the City of Englewood , e t al. Arapahoe County Distric t Court No. 37816, Div ision 1 Bate s grante d 5 0 % d isability pension & i s Appealin g 2 0 % more De luxe Th e atres, Inc. vs. City of Englewood Arapahoe County District Court No. 37739, Division 1 Contesting Validity of Admissions Court ruled in favor of City Deluxe is filing appeal Tax Charl e s Barber and Holly Barbe r vs. City of Englewood Arap ah oe County District Court No. 37978, Division 1 ....... Damage s as result of motorcycle accident Trial date August 14 -16 , 1978 ..•.. Es t her P. Ruggle s vs. City of a Munic ipa l corporation Arapahoe Coun ty District Court Personal Injury Englewood, ............ 28. Littlehorn, et al. vs. City of Englewood, et al . 29. Arapahoe County District Court No. 38297 Injunctive R ~lie f ........ City of Englewood et al. vs. Career Service Board and Francella P. Montoya Arapahoe County District Court No. 3840 4 Montoya awarded $2,635.57 ........... -4- • Active Active Active Active (Ins urance ) Active (Insurance) Active Completed I • • • • • • ...... ---.----.... ~. ~ .. 30 . City of Engl e wood vs . Ge orge P. Do uthi t et al. Ara p a hoe County District Court No . 39126, Division 4 P a ving Dis trict #25 Co nd e mnation s Or de r and Judgme nt For Immediate Possessjon granted. . Active 31. Jay-Jay Ltd, a Colo rado Limited Partne rship vs. Nel~on Enterprise s et a l . & City of Englewood Denver District Court Negligenc e Ne w case , Answer due June 30, 1978 . . . . . • . . . • Active 32. Corah , Harold J. & Nellie H. vs. City of Englewood et al. Arapahoe County District Court No. 39287 Zoning matter New case received June 28, 1978 -5- . . . . . . . . . . Act i ve • I . • - • • ---..,...--...... -........ _..~~-------..--.. • RESOLUTION NO . Lj 1 , SERIES OF 1978 A RESOLUTION AMENDING THE 1978 GENERAL FUND BUDGET . WHEREAS, the City Council of the City of En gl ewood has approved the 1978 General Fund Budget; and 'lb WHEREAS, the City Council is desirous of studying the feasibility of remodeling the City Council Chambers and/or the City's Court facilities; and w~EREAS, the cost for a feasibility study of this nature is estimated to be $2,700; NOW , THEREFORE, BE IT RESOLVED, by the City Council of the City of En &lewood, _Colorado, as follows: Section 1 . The follow i ng estimated revenues and appropriations are hereby made in the General Fund : Section 2 . Source of Funds Fund Balance Appropria t ions City Manager $2,700 $2,700 The City Manager and Director of Finance are hereby author i zed to make the above changes to the 1978 Budget of the Ci t y of En ~lewood. ADOPTED AND AP PROVED thi s __ d a y o f ------· 1978. Mayor ATTEST: ex officio City Clerk-Treasurer I, William D. James, ex officio City Clerk-Treasurer, of the City of Englewood, Colorad o, do hereby certify that the above and foregoing is a true, accurate and complete copy of li.esolution l~o. ___ , Series of 1 9 78. eX ott1c10 C1ty Clerk-Ireasurer • I • • ( • • • ,. • RESOLUTION NO . ---• SERIES OF 1978 A RESOLUTION AMENDING THE 1978 GENERAL FUND BUDGET. WHEREAS, the City Council of the City of Englewood has approved the 1978 General Fund Budget; and 'lb WHEREAS, the City Council i s desirous of studying the feasibility of remodeling the City Council Chambers and/or the City's Court facilities; and w~EREAS, the cost for a feasibil i ty study of this nature is estimated to be $2,700; NOW, THEREFORE, BE IT RE SOLVED, by the City Council of the City of En&lewood, .Colorado, as follows : Section 1. The follow i ng estimated revenues and appropriations are hereby made in the General Fund : Section 2. Source of Funds Fund Balance Appropriations City Manager $2,700 $2,700 The Ci ty Manager and Director of F i nance are hereby author i zed t o make the above changes t o t h e 1 978 Budget of the City o f En ~l ewood . ADOPTED AND APP ROVE D this __ day of ----------· 1978 . Ma yor ATTEST: ex officio City Clerk-Treasurer I, William D. James, ex officio City Clerk-Treasurer, of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate and complete copy of li.esolution l~o . ___ , Series of 1978. ex Qrrtcto City Cler~-Ireasuter • I • ( • • • • /UJ~~ INSURANCE SERVICES OFFICE I~:'\: \ OF COLORADO · ~- 1325 S OUT H COLORADO BOULEVARD. D ENV ER . COLO RA DO 8 0222 T EL E P HONE C303) 7 ~9-3 ~1 I R . H HARMON, M AN A G£• Mr. Andy McCown, City Manager City of Englewood 3400 S. Elati Stree t Englewood, Colorado 80110 Dear Mr. McCown: June 30, 1978 Reference is made to our recent conversation with Englewood Fire Chief Beeson of June 26, 1978 and your recent letter of June 28, 1978 concerning proposed revision to fire department operations in the city of Englewo o d. In this connection be advised that we have caref ully reviewed proposed c hanges as discussed and as outlined in your recent letter. We find that in the event these programs were implemented, there would be no change in public protection classification for fire insurance rate making purposes within the corporate limits of Eng l ewood. As you are aware Englewood is presently classified as providing Class 4 public fire protection and based on proposal as submitted protec t i on would remain Class 4. We trust the above answers yo ur specific inquiry c oncerning this ma tter. DGM :cc Y o~rs v e r y truly, / ,I J 'l~"<:-~ ·_,.,~ D . G. M ~ s Su pe rviso r of • Pr icing Services I • • • • • - Hanjfen,lmhqff & San(ord,Inc. 82" 17TM STREET • DENVER , COLORADO 10202 • 13031 534 ·0221 eza eT ... AVENUE • GfUELEY , COLORADO 1083t • tl03t 3!58 ·477• 121 GlltAI\fO AVENUE • GLENWOOD SPRINGS , COLORADO 81801 • C3031 145 ·8223 7-3-78 $8,455,000 ENGLEWOOD, COLORADO 6% GENERAL OBLIGATION WATER REFUNDING BONDS Results of Bid Opening July 3, 1978 Account Manager Premium Bid Average Int. Rate The Northern Trust Company Bank of America Harris Trust and Savings Bank Boettcher and Company Kirchner, Moore and Company Continental lllinois National Bank and Trust Company of Chicago United California Bank $176,483.00 167,Z53.40 165,150.00 158,819.50 154, 303. 75 147,019.ZS 63,058.90 MI!MIIII!R NI:W YONK STOCK I:XCHANGI!, INC . • 5. 77485"/o 5.7866 5.7893 5.7973 5.8031 5.81Z44 5.91955 I • • • • - Hanjfen,lmhqff & Saniford,In,c. 824 17TH ST .. E:ET • OENYE!It , COLO INA DO 80202 • 13031 Sl•·OZZI 828 9TH AVENUE • GftEI!.li!Y , COLOftAOO eoeJ I • UOJ I 35&-•77• 828 GAANO AVENUI: • GLENWOOD S,,_INGS , COLOIIU,O O 1 1.01 •13 031 e•S -8223 7-3-78 $8,455,000 ENGLEWOOD, COLORADO 6o/o GENERAL OBLIGATION WATER REFUNDING BONDS Results of Bid Opening July 3, 1978 Account Manager Premium Bid Average Int. Rate The Northern Trust Company Bank of America Harris Trust and Savings Bank Boettcher and Company Kirchner, Moore and Company Continental lllinois National Bank and Trust Company of Chicago United California Bank $176,483.00 167,253.40 165,150.00 158,819.50 154,303.75 147,019.25 63,058 .90 MI!MIII!ft NEW YOftK STOCK I!XCHANG •• INC . • 5. 77485% 5.7866 5.7893 5.7973 5.8031 5.81244 5.91955 I • • - • • • Hanjfen,lmhqff & Sanford,,. Inc. e24 1 'Tt1 STJIIiEET • O!:NYEJIIi , COLORADO 10202 • UOlt !534 ·0221 828 ITH AVENUE • G'UEELEY , COLORADO 10831 • UOJl 351 ·4774 128 GRA .... O AVENUE • GLENWOOD SPRINGS , COLORADO 81101 •13031 845 ·1223 7-3-78 $8,455,000 ENGLEWOOD, COLORADO 6% GENERAL OBLIGATION WATER REFUNDING BONDS Results of Bid Opening July 3, 1978 Account Manager The Northern Trust Company Bank of America Harris Trust and Savings Bank Boettcher and Company Kirchner, Moore and Company Continental lllinois National Bank and Trust Company of Chicago United California Bank Premium Bid $176,483.00 167,253.40 165,150.00 158,819. 50 154, 303. 75 147,019.25 63,058.90 • Average Int. Rate 5. 77485% 5.7866 5.7893 5.7973 5.8031 5.81244 5.91955 I • • • • - llanjfen,Imhqff & San(ord,.Jnc. 12• 17TH STIIItEt:T • DENVER , COLOAAOO 10202 •I lOl l 534 ·0221 IZIITH AVENUE • GIIIIE!"LI!Y , COLOftAOO 10131 •uo:u 351 ·477. 828 (;RAND AVENUE • G'-ENWOOO SPIIIIINGS , COLO"AOO 11801 • (3031 845 ·121:3 $8.455.000 ENGLEWOOD. COLORADO 7-3-78 6"/o GENERAL OBLIGATION WATER REFUNDING BONDS Results of Bid Opening July 3. 1978 Account Manager Premium Bid Average Int. Rate The Northern Trust Company Bank of Arne rica Harrill Trust and Savings Bank Boettcher and Company Kirchner. Moore and Company Continental Illinois National Bank and Trust Company of Chicago United California Bank $176.483.00 167.253.40 165.150.00 158.819.50 154.303.75 147.019.25 63.058.90 MEMIIE" NEW YO"K STOCK EXCHANGE , INC . • 5. 77485"/o 5.7866 5.7893 5.7973 5.8031 5.81244 5 .91955 I • • -• • - llanifen,lmhqff & Sanlford,,.Jnc. e z• 17TH STREET • DENVER . C OLORADO 80Z02 • flOJI 534 ·0221 IJZI 8 TH AVENUE • GREI!LEV , COLORADO I083t •13031 356 ·4774 828 GRANO AVENUE • GLENWOOD SPRINGS, COLORADO 1110 I •IJO:JJ 845 ·1223 7-3-78 $8,455,000 ENGLEWOOD, COLORADO 6o/o GENERAL OBLIGATION WATER REFUNDING BONDS Results of Bid Opening July 3, 1978 Account Manager Premium Bid Average Int. Rate The Northern Trust Company Bank of America Harris Trust and Savings Bank Boettcher and Company Kirchner, Moore and Company Continental illinois National Bank and Trust Company of Chicago United California Bank $176,483.00 167,253.40 165,150.00 158,819.50 154,303.75 147,019.25 63,058 .90 MI!MI!II!R NI!W YORK STOCK RXCHANGE, INC . • • 5. 77485% 5.7866 5.7893 5.7973 5.8031 5.81244 5.91955 I . - ,, ' ,, •• , • • • - Ccntrnl UlJAlnH~a Dlntt·lct Committee Community Room, Englewood City Hall June 30, 1978 I. Call to order -Emmett Curry, presiding chairman II. Pledge of Allegiance, invocation III. Introductory remarks, welcome of committee members IV. Organizational matters A. Charge from City Council 1. Boundaries of downtown development authority 2. Mill levy 3. General vs. special election, and date B. Working organizat i on needed l. Continuity of effort after successful election 2. Eliminate duplication 3. Broaden participation and divide workload 4. Classification of activities C. Nominations of chairman, co-chairmen and committee heads V. Discussion and recommendations A. Boundaries 1. Incorporate existing central business district 2. Include areas preceived as business, regardless of current zoning (e.g., I-1) vs. petition for rezoning as B-1 or B-2 3. Include areas undergo ing transition to business uses (e.g., adjacent to Ithaca leg of Hampden-Ithaca couplet) 4. Incorporate other areas via petition of property owners B. Mlll levy ·" ... 1. Sot mill lC'vy nt mAximum possihlC' to m:tx imlzc c:tpital 1mprovcm C'nt s (this would be npproxln~ttt• 7'7. Increase for most prope rtiE's) and minim ize nC'ed for other rc•vHnue sources 2. Make max i mum use of other finnnctng sources , including parking revenu e bond s , SBA loan s to non-profit corporations such as Downtown Development Authorities (S ec tion 501 program), Community Development block grant s , e tc. · • I • 1 _;, ~ ., • • • • C. Elect ion 1. Opt for spec f.al elec tlon to minimize controvero;y from private citizens rebelling at already high taxes (Proposition 13 back- lash and spending limitation amendments or initiatives) 2. Select date at least 4-6 weeks in advance of general election hoopla 3. Select date far enough away to comply with all legal requirements for special elections (e.g., 60 days notice) and preferably, to avoid conflicts with vacations and business pressures (i.e., after Labor Day) 4. Avoid conflicts with primary elections (Sept. 12) and post-election analysis; recommend at least 2-week cooling off per~od 5. Pick date easy for people to remember (e.g., 1st Tuesday of the month) 6. Push for tentative date of Oct. 3 unless this proves impractical D. Working organization (see proposed organization chart) 1. Establish skeleton for more formal organization that would be established after the election to prevent loss of momentum 2. Involve key community members early in the project to minimize backlash later on 3. Make use of interested people who want to be involved and spread the work around tu prevent anybody from becoming inundated 4. Define key areas and let connittee chair!TK!n choose their own people, subject to the approval of the CBDC c hairman 5. Get key committees working on problem areas (e.g., legal) 6. Provide for continuity in case the CBDC chairman or committee chairmen are absent 7. Organize a steering committee to me et at more frequent intervals E. Goals and objectives 1. De t e rminP nature of worki ng relationship with City Council--not co-equal, but not s~bservient--by listing any conditions or pre- requisites essential to the success of downtown d evelopment efforts (e.g., enlist Council's participation by having it direct staff to provide Arapaho e Co. assessor's computer printout of all property owners & s1m1lar list of tenants, possibly via per- sonal property tax records) 2. Ask Cou n cil for commitm<'nt to support rec .,nvncndations of Citizens Downtown committee and Transpo rtation committee, especially re- garding highway improvements on Santa Fe Drive and U.S. 285, and to direct staff to assi s t CBDC c ha irman As requested, subject to concurrence of City Manager 3. Pa s s resolution or letter from CBDC chairman asking Council to pa s s ordinance calling for special.elec tion on Downtown Develop- me nt Authority within defined area at mill levy of 5 mills VI. Select date and time for next meeting, and assign responsibilities for An s wering any open items VII. Ad j ourn • I • • ·, .- I LEGAL & LEG IS -A TIVE Ri chard H. Sim on -Incorporation of CBDC -District bo undar ies -Elect ion procedures -Po wers, policies & proce dur es -Advance leas •c o pt ions TRA~:s PORT A ~ T ~\ Harve y Pratt -Accessibility -Parking -RTD Transi t center -Shopper's shuttle -Pedestrian mal l -Delivery r est riction s • • • • ·-..... ---.... ..... ---· ------·-····-· ------..-.~..-..... - CENTRAL BUSINESS DISTRICT COMMITTEE Co-Chairmen: !'lilt Senti t-- F.mm e tt Curry, Barbara Holtha u s rh:t ir-.,.,'l n I FI ~lA. 'CE '!i lt Senti -Funding sources -Operatin~ budget -Assessment options -Tax imp act I ELE CTinN Det Jayne Glenn -List of qualified electors -Date for s pecial election -Vot er registration -Petitions for inclusion/ exclusion -Sample ballots & election material • -Internal coordination a nd control I PL.\NN IN i. & BU ILDING George H. Al len -Development/land use plan -Economic bas e analysis -Architecture/graphics -Environmental im pact -Timetable & phasing I WA.!S & ·~EAN S Gerri lio n l'"re l lick -Implementation s trategy -Community resourc e base -Special consultants -Inte rim financing I C0~1Ml':-IICA T W~S & PUBLI C RELATin~;s Lee R . .Tone s -Community attitude sur ve y -Newsletter f. no tices -Speaker's bureau -Prom otion -Data ba se T I AD'ti "'ISTRAT Tn~ Barbara Ho lthaus -Committee assignments -Progress reports -Staff & committee reports -Committee & subc omm ittee meetings, agenda s & minutes • • • - INTRODUCED AS A BILL BY COUNCILMAN A BILL FOR A~ ORtH ::,;l~CE ;,t;THOiUZI:;c THE S A LE AND ISSUA:-.JCE OF Gr:·,ERiiL O:ILIG,iTI'l)l REFU:;DING t·;ATE R BONDS , SERIES ]978 , IN TH!': p;;I:1 CI?AL AI-!OU::T OF $8 ,45 5 ,0 00 OF THE CITY Of' E:;GLI:\:OOD , COLO &iDO , f'O R T!!E PU RPOSE OF REFtl'IDniG GENERAL OBLIGAT I 0:-1 REFUNDING t;ATE R fJONDS , SERIES ]97 5 , AND GE NE P.AL OBL I GATION t;A'rER H:PHDVDIENT Bo·;ns , DATED FEBRU,iRY 1 , 1978 , OF THE CITY OUTSTi~JOI:-JG IN THE AGGREGATE Al'IOU:>JT OF $9 ,310 , 000; PilOVI:liNG FOR THE EST,\B LIS!I~!ENT Of' AN ESCROiv ACCOUNT roR T HE PA n!ENT AND REDE:·!PTION Of' THE OUTSTA:-JDI:>G BOND S TO BE REf'tl'IDED ; P ROV IDING f'OR T li E LEVY OF T'\XES TO PAY SAID REFUNDING BONDS A:JD THE I!ITEREST T HEREO~l ; AND PRESCRIBING OTHE R UCTAlLS 1)1 COmiECTlON Ti!EREIIITH . VJH EREt\S , the Ci ty of Englewood , in the County of Arapahoe and the S tate of Colorado (the "City "), is a politica l subdivision of t he State , a body corporate and politic , and a home-ru le city pursuant to ~rticle XX of the Stale Constitution ; a nd WH EREAS , the City , by Ordinance s heretofore adopted and approved by its City Council , has authorized the issu~n c e o f its General Obl iga ion Refunding \:a ter Bonds , Series 1975 , date d April 1, 1 975 , in the amoun t of $4 ,100 ,000 (the "197 5 Issue "), a nd its General Obligati o n \-Ja t er Inprovement Bon d s, dated February 1, 1978 , in the amount of $6 ,700 ,000 (th e "19 78 Issue"); and \tl HEREAS, as o f August 1, 197 8, the re remains o u tstand ing of said 1975 Issue the amount o f $2 ,610 ,000 , being bonds numbe red 299 to 820, inclusive , in the denomination of $5 ,000 e ach, b earing inter est payabl e on Fcburary l and August 1 each year , and maturing serially on Augus t 1 , as follows: Bond Nw:lbers Interest Rate A.'l"'lounts Years (All Inclusive) (Per 1\nnu."D) Maturing Maturing 299 -382 5.30\ $420 ,000 1979 383 -469 5.30\ 435 ,000 1980 4 70 -561 5.30\ 460,000 1981 562 -656 5.30\ 475,000 1982 657 -756 5 .30\ 500 ,000 1983 757 -820 5.30% 320 ,000 198 4 and NHERE!\S , Lands of said 1975 I ssue na urinq on and after 1\ugust 1 , 1983 , arP redeer:1"blt> at the option of the City on August l , 198 2 , und on any inlercs pii}'T"'Ient date hereafter i n inverse n unPrical order upon pa}~ent of par , accrued interest and a pre-mium o( l 'l of principa l; ond -11- • I • • - • • • - \·J HEREAS , a s of August 1 , 1978 , there remai ns outstanding of said 1978 I ssue the ful l amou n t ther eof , b e ing bonds numbered 1 to 1 ,340 , inclu sive , i~ the d enominatio~ of $5 ,000 each, bearing interest payable Dec e mber 1 , 197 8 and semiannaully th e reafter o n the 1st day of June and the lst day of December each year , a nd maturing serially on December 1 , as fo1lo·ws: and Bond Numbers (/Ill Inclusive } l - 37 - 76 - 117- 160 - 206 - 255 - 307 - 362 - 420 - 4 8 2 - 547 - 616 - 689 - 767 - 849 - 936 - 1029 - 1127 - 1231 - 36 75 116 159 205 254 306 361 419 481 5 46 615 688 766 848 935 1028 1126 1230 1340 Interest Rate (Pe r Annum} 6.00 ~ 6 .00 \ 6.00\ 6.00 % 6.00 ~ 6.00 ~ 5.00 ~ 4 .90 \ 4.7 5\ 4 .75\ 4.80\ 4 .80\ 4 .90\ 4.90 % 5 .00\ 5 .00 \ 5 .00\ 5 .00 \ 5 .00% 5.00\ Amounts Maturing $180,000 1 9 5,000 2 05 ,000 215 ,000 230 ,000 245 ,000 260,000 275 ,000 290 ,000 310,000 325 ,000 345,000 365,000 390,000 410,000 435 ,0 00 465 ,000 4 90 ,000 520,000 550,000 Years r-Ia turing 1979 1980 1981 1982 1983 1 98 4 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 19 97 1998 \""HEREAS , bonds of said 1978 Issue maturi ng on and after December 1 , 1988, are redeemable at the option o f the City on June 1, 1988 , and on any interest payment date thereafter, in inverse numerical order , upon payment of par and a ccrued in terest; and WHEREAS , the City Council has determined that it is nece s sary and in the bes t interests of the City that the 1975 and 1978 Issues , ou t standing in the aggregate amount o f $9 ,310 ,000 be r funded by the issuance of General Obligation Refundinq \-Jater Bonds , Series 1978, in the amount of $8,455,000, resulting in a reduc t ion of debL ser vice and effec ting other economies , all to the benefit of the City and its inhabi tants, and in accordance with the City Charter; and HHERE AS , after pub l iEhed Notice o f Sale , Genera l Obli- gation Refunding 'fJa tcr Bonds , Series 1978 . in the principal amount of $8,4 ~5 ,000, werr sold and awarded to---------------------------- o f --------------------------- he h ighest and bPst b idder the re- fore , such bid bcinq herrby accepted . -1 2- • I • • ]-- I • • • ,. • HE I T ORDA IN ED BY 1HE CITY CQU:>;CIL OF THE CITY OF D1GLc·.:oOD , COLOIV\DO: Sc ct j o n 1 . That f or the p uxpose a [ p:--o v idin g fund s w i t h which t o re-f und a nd pay $2 ,610 ,0 00 of 1 s 1975 Iss ue and $6 ,7 00 ,00 0 o f iLs 197 8 l ss ue above d e scribed , t he City of Eng l e wood , Colora do , shall i ss u e its General orlig~t ion Re- funding \·1ater Bond s , Se r ies 19 7 8 , i n the p :-lnClpal U.;"".O unt o f $8 ,4 55 ,000. Sa id Re fun d ing \•l<>tc r Bonds s h.oll be d ated Au gus t 1, 1978; s hall cons ist o f 1 ,6q l bonds in t he denoni n ~ti on of $5 ,0 0 0 ~ach , numb ered 1 l o 1 691 , inclus i ve ; shal l bc ~r inte r e st pay able on l\u gus t 1 , 1979 , a n d scr.ia:-anua lly thereaf ter on t h e l st dily of r br u ar y a nd t he l s t day of Augus t each year , and s hall ma t ure ser ia lly on ''ugus t l, as follm\·s : n o ncl ~um bers (All 1 nc 1 usive ) 1 -109 110 -2 30 231 -35 8 3 5 9 -492 493 -6 3 4 635 -743 7 44 -7 9 2 793 - 8 44 845 -899 900 -959 96 0 -102 2 1023 -1091 1092 -1164 1165 -1243 1244 -132 7 1328 -1416 1417 -1513 1514 -1616 1617 -1691 I nte res t R.:a ~c (Per An n um ) l\mounts r~att;ring $5 ~5 .000 605 ,0 0 0 64 0 ,0 00 670 ,00 0 7 10,00 0 5 4 5 ,000 7 4 5 ,00 0 260 ,00 0 275 ,000 3 00 ,00 0 315 ,000 34 5 ,0 00 3 65 ,0 0 0 3 95 ,00 0 420,000 44 5 ,0 00 48 5 ,0 0 0 5 1 5 ,000 3 75,000 Year s Haturinq 19 79 1980 1 98 1 1 9 8 2 19 8 3 1984 19 8 5 1986 1987 1988 1989 19 9 0 1 99 1 1992 1 9 93 19 9 4 199 5 1996 1 99 7 The net c~fect i ve i nteres t rate on this SP~ics of Bonds is ------------------'· The Refunding \'la t er Bonds , Series 1978, r.:aturing on and after Au gust 1 , 1988 , shall hP rcdeenu lc pr~or to hei r respec- tive m turity dates, at the optic~ of the City, on Augus t 1 , 1987 , and o n any int~rcst pa~~Pnt date thereaf ter , in inverse n umerical o r der , upon payt"'ent of p 1.r a d accrued int.c r est. No ice of prior n•.leJ"'\;:> ion of th r Pc-funC.inry \·;ater Bonds , Series 197 8 , shal l be oj •en by public~tion at least once in a l egal n e-wspaper o r "''WSfFlpPrs cus onari.ly used bv the City for lcnal n0 iee-e;, not lf' .. Lh;ln ._hi r ly (J O) dnys r>rio r to the r<'rl(>mption r1."tlr•, <Pld t ~· r tilinq a c-nry of the notice of Rc d,.r.p- tion by reqi ·~tt·r,...d or vr·rti.find firstcliiSG T'nitf'cl Stutes mnil , I" • I • • • • • • postage prepaid , to the origina l purchaser or to its succ essor, at least lhi~ty (30 ) days p~io r to the r c d enption da te. Such notice shall specify the place a nd d ate of redemption , the amount and n ~~ers of the bonds called , and ~~at from and after such d ate interest on all bonds c alled fo r redenption shall cease. The Refun ding \'later Bo nds , Series 1 97 8, and the interest . coupons attache d thereto shall be payable in lawful mone y of the United States of Amer ica , at The First iJational Bank of Englewood, Englewood , Colorado. Section 2. The Refunding t·:a ter Bonds, S e rie s 1978, shall be s i gned with a fa csimi le signatu re o f the P.la y or o f the City, with a facsimile of t h e seal of the City affixed thereto , attested and co~~ter sign ed by the manual signature of the Director of Finance , ex -o ffi c io Cit.~' C lerk and Treasurer. The interest coupons attached to said bonds s hall bear the facsimi le signature of the Di rector or Finance , ex-officio City Clerk and Treasurer, and when issued as aforesaid as part of said bonds, shall be the b inding obligations of the City according to their inpor t. Should any o fficer whose manual or facsimile signature appears on s a id bonds or the interest coupons attached thereto c e a se to b e such officer before deli very of the bonds to the purchase r, such manual or f acsimile signature s hall nevertheles s be va lid and sufficient for all purposes. Section 3. The Ref unding Ha ler Bonds, S e ries 197 8, and the interest coupons attached thereto s hall be in substan- tially the fol lowing fo rm: -14- • I • • n • • • • {Fom of Bond) UNITED ST,\TES OF ,\.':ERI CA STATE OF COLORADO COUXTY OF ARAPAHOE CITY OF EN GU:WDOD GENERAL OO L IG.;TION REFUNDING \;ATER BOND , SI:RIES 1 9 78 JJo . $5 ,000 The City of Englewoo d , in the County o f Arapahoe and Sta t e of Colorado (herei n t h e "City "), for v a l ue r e ceived, hereby a c k n o\.,•lcdges i t self indebted and p romises to pay to th e bearer h ereof t h e principal sum o f I'TVE THOU SAND DOLLARS i n lawful money o f t h e Uni ted State s o f ~~e ri ca, on the lst d ay o f August , 19 wi t h intere st t h e reon at the r a te of ---------------------------------pe r c e ntum { _________ %) per annur.a., p ayable r.ugust 1, 1 9 79, and semi a nnually the r e after on the 1 s t d ay of Fe bruary a nd the 1st day of Aug ust each year, as evidenced by in t e rest coup ons hereto attached , principal of and intere st on this b ond b ei ng payable at T he First Na t ional Dank of Englewood, i n £ng l e wood , Co l orado, upon presentation of said coupons and this bond as they s e vera lly become due. Band s o f this issue maturing on and after August 1, 1988 , are redeemable a t the option o f the City on August 1, 1987. and on any intere s t payment d ate there a f t e r, in inverse numeric~ ord e r, upon payment of par and accrue d i n t erest . Notice o f prior r edem ption s h all be giv e n a s pro vided in t he Ordinance author izin g this Bond . Th is bond is iss u ed b y the Ci t y Co unc i l of the C i ty o f Englewood , Colorado, f o r the p u rpose of providing f unds to refund v alid and outstandin g Gen eral Ob l igation Ref und ing Water Donds , Se r ies 1975 , dated April 1 , 1975 , a n d Ge n eral Obliga t i on \.,ater Improvement Bonds , dated February 1, 1 9 78, u nder the authority of and i n full conforr.1.ity with the Con stitution o f the State of Colorado, and the Charter of said City, and purauant to an Ordinance duly adopt~d , published and made a Jaw of ~aid Cily prior to the issuance of this bond . lt is hPrcby further cer ificd , recited and \Yarranted that all the rcquir('r:-ents of law h~ve been fully complied wi th -1~- • I • • • • • by the proper officers o~ the Ci y in the issuanc e of this bond; that the total debt of the City , including that o f this bon d, does n o t exceed any linit of indebtedness prescribed by the Constitution or the Chorter of the City; and tha t pro\·ision has been made for the a?pli cation of the net revenues or the water system of the Ci y and for the l evy and collection of a n nua l taxes on all of he taxable property in the Ci ty sufficient to pay the interest on and the principal of this bond when the same becone due . The full faith and credit of the City of Eng lewood, Colorad o , are hereby pledged for the punctual pa}~ent of the princip al o f and interest on this bond . IN 1'ESTDIONY I.HERJ:OF , Lhe City Council of the City of En g l ewood , City , Colorado has caused this bond to be signed with the facsimile signature of the Hayer of the City, sealed with a fac simi l e of the seal of Lhe Cily, attested and counter- sign e d b y the manual signature of the Director of Finance , ex-off icio Ci t y Cler k and Treasurer, and the ~tcached coupons t o be signed with the facsimile si g nature of Lhe Director of Fin a nce , ex-officio City Clerk and T reasurer, as of the lst d a y of Aug ust, 1978. (FACSIMILE SEAL ) ATTESTED AND CO UNTERSIGNED : (Do Not Sign) D1rector of F~nance , ex offic~o City Clerk and T reasurer -16- (Facs imile Signature) Mayor • I • • - • • • • (ForM of Coupon ) No . August, On the 1 s t day of February , 19 __ , unless the bond to which this coupon is attached, if redeemable, has been called for prior r e demption , the City of Eng l e wood , in the County of Arapa h oe and Stat e of Co lorado , wil l pay to b e arer the a mount shown hereon , in l a wfu l money of the Un ited States of Amer ica, at The First Na tional Bank of Englewood , in Eng lewood , Colorado , b eing interes t then due on i t s Gener al Obligation Refunding \·la ter nand , S er ies 19 78, da t ed August 1 , 1978 , bearing No. (F~csimile Signature) D~rector o f Finance, ex offic~o City Clerk and Treasurer -\7 - • I • • -• • • Section 4. \'.'hen s aid Refunding t·.'ater B o ~ds have been duly executed the Di r ector o f Finance is hereby di rected to deliver the bond s t o the purchaser the r e of on receipt o f the agreed purchase price therefor. Th e proceeds of the Re- funding \'later Bon ds r Series 1978 , shall b e used only for the pur pose s tated the r ein an d for payin g the costs and expenses incurred incidental to the issuance of sald Ref unding \'later Bond s and f or no o ther purpose whatever . Neith er the purchaser of said bonds nor the subsequent holder of any of then s hall be responsible for the applica tion or d isposal by the City , or any o f its officers , o f any of the funds derived from the sale thereo f .. Section 5.. If ne cessa r y , Lhe interest and principal to become due on the Refunding tvater Bo nds , Series 197 8, i n 1979 shall be advanced fro~ the water fund or any other f und o f the City avai l able therefor . For the purpose of rci~bursing said a d vance and paying the i n terest on said n.efund ing \O:at er Bonds as the same sha ll b e come due , and providing for the ul timate p a yment and redenp t ion of said Re fund ing \-Jater Bonds , there shall be levied on all the taxable property of the City, in addition to all other taxes , direct annual taxes in e a ch o f the years 1978 to 1996 , inclusive , sufficient to make such r e imbursement and to p ay the i nterest on all of said Refunding Water Bonds , Series 1978 , and the installments o f pr~ncipal , as the same b ecome due and payable , respectively. Said taxes, wh en collected , shall be depos ited in a special fund to be known as "City of Englewood Genera l Oblig ation Refunding l-:ater Bo nd Fund, Series 1978", and the proceeds derived from said taxes shall be applied only to the paymen t of necessary costs and expenses of operating and maintaining the wa ter system and to the payment of the interest and principal of the Refunding \'later Bonds, Series 1978, authorized herein , and for no other purpose whatsoever , unt i l the indebtedness so contracted pursuant to this Ordi- nance, both principal and interest , shall ha ve been fully paid, satisfied and discharged. Nothing herein contained shall be so construed as to prevent the City from applying any other funds or revenues that may be in the City treasury and available for that p urpose to the payment of s aid interest and princi pal , as the same respectively accrue or matu re, and upon ~uch payment the levy or levies herein provided may there- upon to that cxt~nt be d i minished . -18- I • • • • • • S ection 6. The s u ns herein provided to pu y the in e:r cst on said Refunding \:atcr Bon s and to d ischarge the principa l thereof when due , are h c re:!)y appropriated for that purpose , and said a~ou nts for each yea r sha ll als o be included in lhe an~u~l budget and appro p riutl on Or di nance and bills t o be adopted and p~ssed by the City Council o f said City in each. year , respecti vel y , until said Refunding \:ater Bonds have been fully paid , s atisfied and dis charge d . Section 7. Notwithsta_nding the foregoing provisions for tax l e vies , the City hereby furt her cov enants and agrees to ex tabl ish , ma intain, colle ct and enforce a s ched ule o f rates , fees , t olls and charge s for c o nn e ctio n to a nd use of the water system of the City , which schedule shall be sufficient to assure that the reven u e thereby produced , together with any other funds which may be l awf ully availuble , a nd the proceeds of g e ne ral a d valorem taxes, s hall pay all reasonable costs and expenses of operating and main taining the water system and Lo pay the interest and principal of the Gene r al Obligation Ref unding Water Bonds , S eries 1978 , herein authorized , promptly as the same become d ue and payable , res pectively. Section 8. It shall b e the duty of the C ity Council of said City, annually , at the time and in the manner provided by law f or l evying other City taxe s, if such action shall b e necessary to effectuate t h e provisions of this Ordinan ce , to ratify and carry -out the provisions hereof with reference to the levyin g and collection of taxes: and the Ci t y s hall levy , certify and collect such ta xes in the manner provided by law for the purpose of creating a fun d for the payment of the costs and expenses of opera t ing and ma intaining the wa ter system , and the payment of Lh e principal o f the Re funding l~ater Bonds and interest the reon , and such taxes when collecte d s hall be kept for and applied only for such purpose , as hereinabove s pecified. Section 9. The proceeds derived from the sale of the Refunding Water Do n ds , Ser ies 1978 , author ized h erein in an amount not l ess th~n $8,4 55 ,000, plu s cash i n the anount of ----------------' wh ich amount i ncludes $355 ,69 0 .00 c ash on h and of t h e City , the $ ________________ _ prenium paid the City for lhe Refunding Wate r Bonds , and the accrued interest on the bond s bcinq refunded , shall be de posiLed with The First lJa ional Bank of rnglcwoo d , Englewood , Color.::tdo (the "Bank") in a separate fun~ and escrow a ccount h ereby c r c dtcd and known as "Cily of Enql r·Noo d , ]q75 and 1q 79 !!;sues, Nater Refunding Escrow • I • - • • • - Account" herein dcsigna c d as the "Refunding Esc row r,ccount" or "Escrow Account", which account sh all at all tines be s uff icient , together \>lith any interes t to be der ived f rom the investment and any tempor.:1ry rc in•;estment of t he depos its or any part thereo f only in direct obligatio ns of , or the principal and interest of which obligations are unconditionally guaranteed by , the United States of ~~erica , to o ay the principal of and interest on the outstanding 1975 and 1978 Issues being refunded . as the same become due and p ayable under and in accordance with the following schedule: 1975 Issue: Bonds numbered 299 to 820 , ~nclusive , matu ring August 1 , 197 9 to August 1, 1984 , inclusive , shall b e paid and retired at their respective maturity dates according to their original terms al The First National Bank of Englewood , Englewood , Colorado . 197 8 Issue: Bonds numbered 1 to 1340, inclusive , maturing December 1, 1979 to December l , 1998 , i n clusive , shall be paid and retired at their respective matu rity dates a ccording to their original terms at The First National Bank o f Englewood , Englewood, Colorado. Interest on the outstanding bonds of the 1975 and 197 8 Issues shall be paid as the same accrues, according to the original t erms of said bonds , until said bond s mature. Section 10. The Bank shall invest the funds on depo s i t i n t he Refunding Escrow Account in direct oblig ations of , or the principal and interest of which obligations are unconditionally guaranteed by , the Uni ted States of America, and shall fully secure any cash balance in said Escrow Account in the man ner r e quired by law for other trust funds . Section 11. If for any reason , at any time, the funds on hand in such Refunding Escrow Accoun t shall be insuf- ficient to meet the payments required as the same shall be about to become due and payable , the City Council of the City s h all for~hwith deposit in such Ref unding Escrow Account such additional funds as may be required fully o meet the amount ~o about to b e come due and payab le. Section 12. The Bank shal l from ime to time redeem all or a portion of the obliga ions in said Refunding E~crow Account in Guf fici(.•nt ar~o unt s zo that lhra proceeds therefrom -?0- • I • • • • • • ex-o fficio City Clerk and Treasurer, and by the certificate of publication. Section 20. This Ordinance shall take effect thirty (30) days after publication following final passage. INTRODUCED AS A BILL this Jrd day of July, 1978. (SEAL) ATTEST: D1rector of Finance , ex-off~c1o City Clerk and Treasurer -22- ~layer • • I • • n • • • .. - and the in t ere st th ereon as t h e sa~e accrue s wi ll be s u ff i cie n t to meet the inter est r c quirc~ents o n the outs t andi n g b o nds o ( the 1 9 7 5 and 1978 Issues as such interest acc rues , accord ing t o th e schedule h e reinabove set forth . Section 13 . 1'he !laye r a nd t h e Di r e c to r of Fin ance ,· e x-o f f ici o City Cl erk aKd T r e asure r o f the C ity s hall , a nd the y are h ereby authorized and d i rected to t~ke a ll n e ces sary or ap pro p r i ate acti o n toward the execution o f u p r oper Esc r ow Ag r eement w ith Lhe na nk concer ning the deposits in , inv e stme nts o f a nd disb u rse~en t s from s a id r.cfunCing Lscrow Account , and s u ch oth er agrcenent s as may be nec essar y or desirab l e to ef fe ctuate t h e p r ovision s o f thi s Ordinance and comp ly with t h e req uirements o f law. S e c tion 14. On o r abo ut t h e date when t h e Refunding \'la t e r Bon ds , S er ies 1978 , a re d e live r ed , or withi n a r e a sonab l e time there a fte r , the Dire ctor of Finance is author i zed and dire c t ed to publish a n otice o f re fund i ng one or more times i n a n e wspa per or n e wspa p e r s c ustoma rily used by the Ci y f or leg a l n o tices. S ec tion 15 . Th e City coven a nts and agrees that it wi ll make no us e o f the p r oceeds of the bon ds authorize d h e re in whic h mig ht cause such obligatio ns to b e arbitrage bon ds wi t h in the meani ng of S ection 103 (c ) o f the Interna l Reven u e Co de o f 1954, as amende d , a n d t h e Reg ulations p r oposed a nd in ef fect the r e unde r. S e cti on 1 6 . That i f a n y one o r ~or e section or p a rt of t his Or dinance shall b e a d j u dged une n forceable or invalid , such j udgment shal l not a ffect , i~pair or invalida t e the r e - maining provision s of this Ordinance , it bei n g the intent ion t ha t t h e va r iou s provisions h ereof are severable. Sec tion 17 . All ordinances o r parts t h ereof in con f l ic t with this Ordinance are hereby repealed. Section 1 8 . After suid Refunding Hater Bonds a re issued , this Ordinance shall be and remain irrepealable until said Refunding h'atcr Rands and the interest thereon have been fully pald , satisfied and discharged . Section 19. Thi s Ordinance , as ador ed by the City Council, shall be nu..""\b~rcd and recorded in th e official records of the City . Its adovtio~ and publicution shall b e authen tica ted by the siqn<Jt urcs of he ~o yer and the Director of 1-'i nanc , -n- • I • • • • • • CITY COUNCIL MEETING July 3 1 1978 ORDINANCE # 15 1 16 1 17 1 18 RESOLUTION It Y. 48 I 49 I 50 • 0 0 I . .